RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02866
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, Item 9a, be  changed
to reflect he was discharged rather than retired.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 7 July 1976 he was separated from the Air  Force  under  retirement.   He
was placed on the Temporary Disability Retired List (TDRL) on  8  July  1976
through 29 March 1978 and discharged on 29 March  1978  in  accordance  with
Special Order Number AC-5317 by reason of physical disability.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 20 April 1972, the applicant enlisted in the Regular Air Force.

Medical Records reveal the following:

        On 19 May 1976, the applicant  was  evaluated  by  a  Medical  Board
which indicated he was diagnosed with a status post O’Donaghue’s triad  with
repair  of   medial   collateral   ligament,   anterior   cruciate,   medial
meniscectomy, and pes anserinus transfer;  status  post  Nicholas  5-1  knee
reconstruction; anterior medial instability; and anterolateral  instability.
 The report further indicated the applicant injured his left knee skiing  at
Lee Canyon outside of Las Vegas on 8 December  1974.   He  was  admitted  to
Nellis and transferred to March AFB Regional Hospital where a  diagnosis  of
a tear to the deep and superficial medial collateral ligament, tear  to  the
anterior cruciate, and peripheral detachment of the medial meniscus  of  the
applicant’s left knee was made.  On 12 December 1974, he  had  a  repair  of
the medial collateral ligament, repair  of  the  anterior  cruciate,  medial
meniscectomy, and pes anserinus transfer.   Subsequently,  he  was  seen  at
Nellis AFB where he received physical  therapy  and  complained  of  trouble
running.  He was placed in Lennox-Hill brace in  May  1975  and  stated  the
brace helped somewhat.  The applicant  had  a  Nicholas  5-1  reconstructive
procedure at Nellis AFB on 22 September 1975.  He worked in supply  and  did
not do any  lifting  of  heavy  objects  because  of  an  L-4  profile.   He
complained of instability of his knee  when  he  walked  down  stairs,  with
buckling of knee in or out of the Lennox-Hill brace.  It was recommended  he
be seen by a Medical Evaluation Board (MEB).

        The applicant was seen by a Physical Evaluation  Board  (PEB)  on  9
June 1976.  The Findings and Recommended Disposition of  the  PEB  indicated
the applicant was diagnosed with a status post skiing accident  in  December
1974 with ligamentous repair left knee December  1974  and  September  1975,
with instability and no loss of motion and used a brace  for  support.   The
report further  indicated  the  applicant  was  unfit  because  of  physical
disability and recommended temporary retirement with a disability rating  of
30 percent.

        AF Form 1180, Action on Physical Evaluation  Board  and  Recommended
Disposition, dated 16 June 1976, indicated the  applicant  agreed  with  the
findings and recommended disposition of the PEB.

Special Order Number AC-19434, dated 17 June 1976, indicates  the  applicant
was to be relieved from active duty on 7 July 1976, placed on  the  TDRL  in
the grade of sergeant with a physical disability rating of 30 percent.

On 7 July 1976,  the  applicant  was  honorably  retired  in  the  grade  of
sergeant, under the provisions of AFM 35-4.  The DD Form 214  indicates  the
applicant served 4 years,  2  months,  and  18 days  of  total  active  duty
service.

On 7 March 1978, the Secretary of the Air Force Personnel  Council  directed
the applicant be removed from the TDRL and he be discharged  with  severance
pay with a disability rating of 20 percent.

Special Order AC-5317, dated 28 March  1978,  indicates  the  applicant  was
removed from the TDRL and discharged on 29 March 1978 by reason of  physical
disability with entitlement to disability severance pay per AFM 35-4 in  the
grade of sergeant.

_________________________________________________________________





AIR FORCE EVALUATION:

AFPC/DPPD recommended denial indicating the period a military member  is  on
the TDRL is not considered active duty  and  cannot  be  counted  as  active
service for retirement purposes.  A copy of the Special Order Number  19434,
dated 17 June 1976, was provided by the applicant.  He  should  be  able  to
provide copies  of  his  Certificate  of  Discharge,  Retirement  Order  and
Special  Order  of  Discharge  to  the  authorities  of  the  Civil  Service
Retirement System (CSRS) and should be able  to  be  credited  for  time  in
service.  The data reflected on the applicant’s DD Form  214  dated  7  July
1976 is accurate.  The  preponderance  of  evidence  reflects  no  error  or
injustice occurred during the disability process.  Proper documentation  was
noted on the DD Form 214 in  accordance  with  the  provisions  of  military
disability laws and policy.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 October 2004, 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.

_________________________________________________________________

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 an error or injustice.   The  applicant's  complete  submission
was thoroughly reviewed and his contentions were duly  noted.   However,  we
do not find the applicant’s assertions and  the  documentation  provided  in
support of his appeal sufficiently  persuasive  to  override  the  rationale
provided by AFPC/DPPD.  The applicant was placed on the TDRL on 8 July  1976
at which time he was issued a DD Form 214  indicating  his  separation  from
active duty under the provisions of AFM 35-4.   Subsequently,  on  29  March
1978, the applicant was discharged with entitlement to disability  severance
pay.  The Board notes the DD Form 214 only reflects service information  for
the period the member was on active duty.  The period a military  member  is
on the TDRL is not considered active duty and cannot be  counted  as  active
service for retirement.  As noted by  AFPC/DPPD,  the  applicant  should  be
encouraged to present his  various  separation  documents  to  his  civilian
personnel office and request a reevaluation in order to be credited for  the
time served on active duty.  Therefore,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2004-
02866 in Executive Session on 16 and 27 December 2004, under the  provisions
of AFI 36-2603:

                 Ms. Rita S. Looney, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 September 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 29 September 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 8 October 2004.




                       RITA S. LOONEY
                       Panel Chair