RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02542
INDEX NUMBER: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to reflect permanent disability retirement
rather than temporary disability retirement.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was not aware his DD Form 214 had not been updated.
In support of his application, he submits a copy of his DD Form 214
and a copy of an AF Form 356, Findings and Recommended Disposition
of USAF Physical Evaluation Board.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 16 Aug 99, applicant was released from active duty in the grade
of senior airman and his name was placed on the Temporary
Disability Retired List (TDRL) due to physical disability under the
provisions of AFI 36-3212, effective 17 Aug 99, with a compensable
percentage for physical disability of 30 percent. At the time of
his release from active duty, he was credited with 7 years, 7
months, and 17 days of active military service.
Effective 27 Nov 00, his name was removed from the TDRL and he was
permanently retired for disability under the provisions of Title
10, United States Code (USC), Section 1201, with a 30 percent
disability rating.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends the application be denied and states, in
part, the member’s DD Form 214 cannot be amended or changed to
reflect he was permanently retired since his permanent retirement
came after his DD Form 214 was issued. When a member’s status
changes from TDRL to permanent retirement, a new DD Form 214 is not
issued. The member received a Special Order indicating his
permanent disability retirement; that order became a permanent part
of his military personnel file, and can be attached to his
DD Form 214 reflecting that he was permanently retired on a
disability.
The veteran’s request to amend or change his DD form 214 would be
in violation of Air Force Instructions and is not authorized.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 Aug 04, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 careful
review of the available record, we are not persuaded that the
applicant’s DD Form 214, Certificate of Release or Discharge from
Active Duty, is in error. The purpose of the DD Form 214 is to
record and report the transfer or separation of military personnel
from a period of active duty. In this case, the applicant’s DD
Form 214 accurately reflects his release from active duty and
placement on the Temporary Disability Retired List (TDRL). When a
member’s status changes from TDRL to permanent disability
retirement, a new DD Form 214 is not issued. Rather, a special
order is issued to remove them from the temporary retired status
and to permanently retire them. Based on the foregoing, and in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
___________________________________________________________________
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 Docket Number BC-2004-
02542 in Executive Session on 19 October 2004, under the provisions
of AFI 36-2603:
Ms. Rita S. Looney, Panel Chair
Mr. Terry L. Scott, Member
Ms. Cheryl V. Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Aug 04 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 26 Aug 04.
Exhibit D. Letter, SAF/MRBR, dated 3 Sep 04.
RITA S. LOONEY
Panel Chair
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