RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2004-02135
INDEX CODE 108.10
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His effective retirement date be changed from 19 Jul 78 to 27 Dec 82
so he would have 20 years, 6 months and 9 days of active service
instead of 16 years and 1 month of active service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was placed on the Temporary Disability Retired List (TDRL) on
19 Jul 78 and remained there for 4 years, 5 months and 9 days. He was
removed from the TDRL and retired on 27 Dec 82 so he clearly had 20
years, 6 months and 9 days of service.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 19 Jun 62.
On 19 Jul 78, after 16 years and 1 month of active service, he was
released from active duty in the grade of technical sergeant and
placed on the TDRL for disability under the provisions of AFM 35-4.
He remained on the TDRL for 4 years, 5 months and 9 days until 27 Dec
82, at which time he was removed and permanently retired under the
provisions of Title 10, USC, Section 1201, for mental illness
(schizophrenia), rated at 50%. Special Order AC-15125, dated 7 Dec
82, credits him with 16 years and 1 month of active service.
The applicant was not issued a second DD Form 214 when he was
permanently retired because, while on TDRL status, he was separated
from active service. Under the provisions of Title 10, USC, Chapter
61, Retirement or Separation for Physical Disability, Section 1208,
time spent on the TDRL is not creditable service.
On 9 Sep 83, the AFBCMR denied the applicant’s 18 Feb 83 request for a
10% increase in his disability rating for dental care.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends denial because a veteran’s period of time on
the TDRL is not creditable for active service.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant argues the advisory’s assertions are unfounded and
prejudicial because it does not cite the pertinent governing
directives. He believes his TDRL time should be accounted for as Air
Force service.
A complete copy of the applicant’s response is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded his time on the TDRL should be credited as active duty time.
The applicant’s contentions are duly noted; however, under the
provisions of Title 10, USC, Section 1208, time spent on the TDRL is
not creditable service. The applicant was treated no differently
under the law than others who have been placed on the TDRL and
subsequently removed. Under Section 1201, he was credited with 16
years and 1 month of active service for retirement. The applicant has
not established he suffered either an error or an injustice. In view
of the above and absent persuasive evidence to the contrary, we find
no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 6 October 2004, under the provisions of AFI 36-
2603:
Mr. Charles E. Bennett, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Albert C. Ellett, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02135 was considered:
Exhibit A. DD Form 149, dated 6 Jul 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 21 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 04.
Exhibit E. Letter, Applicant, dated 27 Aug 04.
CHARLES E. BENNETT
Panel Chair
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