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AF | BCMR | CY2005 | BC-2004-02517
Original file (BC-2004-02517.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02517
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 Feb 06


________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative  reason  for  his  separation  be  changed  from  “disability,
temporary” to “disability, permanent.”

________________________________________________________________

APPLICANT CONTENDS THAT:

His records are in error or unjust due to the 1997 reevaluation  at  Langley
AFB, in Hampton, Virginia.

In support of the appeal, applicant submits a  copy  of  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on  26  January
1993.  He was evaluated for continued active duty by  a  Medical  Evaluation
Board (MEB) on 2 August 1995, after being hospitalized in May and June  1995
for evaluations of  symptoms  of  psychosis.   Based  on  the  diagnosis  of
schizophreniform disorder with good prognostic features,  the  MEB  referred
him to a Physical Evaluation Board (PEB).   On  11  October  1995,  the  PEB
recommended he be temporarily  retired  with  a  50%  rating  based  on  the
diagnosis of  schizophreniform  disorder  with  considerable  impairment  of
social and industrial adaptability.  The applicant concurred with the  PEB’s
recommendation and was placed  on  the  Temporary  Disability  Retired  List
(TDRL), effective 17 January 1996.  He was reevaluated on 20 June  1997  and
based on the diagnosis of schizophreniform disorder with single  episode  by
history in full remission at the present time, it was  recommended  that  he
remain on the TDRL for the period of one more year and then a  determination
be made to whether he should continue on the TDRL or return to active  duty.
 On 1 July 1997,  a  Physical  Evaluation  Board  (PEB)  recommended  he  be
discharged with severance pay with a 10% rating, based on the  diagnosis  of
schizophreniform disorder with single episode by history in full  remission,
mild  social  and  industrial  adaptability   impairment.    The   applicant
concurred with the recommendation of the PEB.  He was removed from the  TDRL
on 18 August 1997 and discharged  by  reason  of  physical  disability  with
entitlement to disability severance pay.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that the narrative reason for separation on applicant’s  DD
Form 214, issued at the  time  of  his  placement  on  the  TDRL  accurately
reflects the reason for  his  discharge  from  active  duty.   Further,  the
evidence supports the PEB’s recommendation.  The applicant was  subsequently
disability discharged with severance pay,  his  permanent  disposition.   In
accordance with routine practice he  was  not  issued  a  new  DD  Form  214
reflecting his permanent disposition.  When members  are  removed  from  the
TDRL a new DD Form 214 is not  issued  because  the  DD  Form  214  reflects
active duty time and time on the TDRL is not active duty time.  At the  time
of removal from the TDRL, members are issued orders showing their  permanent
disposition.

The BCMR Medical Consultant evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  2
September 2005 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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
the  reason  for  separation  reflected  on  the  DD  Form  214  issued   in
conjunction with his placement on the TDRL is in error.   The  DD  Form  214
accurately reflects his release from active duty  and  temporary  disability
retirement.  In accordance with established  procedures,  when  members  are
removed from the TDRL a new DD Form 214 is not issued because  the  DD  Form
214 reflects only periods of active duty time.  While on the  TDRL,  members
are in a retired status.  Special orders are issued at  the  time  of  final
disposition.  In the  applicant’s  case,  a  special  order  was  issued  on
29 July 1997, reflecting his removal from the TDRL and discharge  by  reason
of  physical  disability  with  entitlement  to  disability  severance  pay,
effective 18 August 1997.  We suggest that the applicant keep  this  special
order with his DD Form 214.   Therefore,  we  agree  with  the  opinion  and
recommendation of the BCMR Medical Consultant and  adopt  his  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error or injustice.   Therefore,  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-2004-02517
in Executive Session on 6 October 2005, under  the  provisions  of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Sue A. Lumpkins, Member
                       Mr. Terry L. Scott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 29 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 05.




                                   WAYNE R. GRACIE
                                   Panel Chair

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