RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03698
INDEX CODE: 110.01
COUNSEL: NONE
HEARING DESIRED: YES
Mandatory Case Completion Date: 7 Jun 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of separation be changed to reflect an effective date of 18 Feb
76, rather than 1 Sep 77.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In accordance with 38 CFR §4.129, his bipolar condition is paranoid
schizophrenia and should have been continued.
In support of his request, applicant provided an excerpt from 38 CFR,
documents extracted from his Department of Veterans Affairs (DVA),service
medical records, and documentation associated with his Disability
Evaluation System processing. His complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 28
Jul 72. He was progressively promoted to the grade of sergeant, having
assumed that grade effective and with a date of rank of 1 Feb 75.
On 20 Jan 76, an Informal Physical Evaluation Board (IPEB) found him unfit
for further military service based on a diagnosis of schizophrenic reaction
and recommended that he be placed on the Temporary Disability Retired List
(TDRL) with a combined compensable rating of 100%. The applicant agreed
with the findings and recommended disposition of the IPEB. He was released
from active duty on 17 Feb 76, placed on the TDRL on 18 Feb 76, and issued
a DD Form 214, Report of Separation from Active Duty. On 12 Jun 77, the
Air Force PEB conducted a TDRL re-evaluation and recommended that he be
removed from the TDRL and discharged from the Air Force with a compensable
disability rating of 0%. On 1 Sep 77, he was removed from the TDRL and
permanently discharge with 0 percent disability rating receiving Severance
Pay. He was issued an AFMPC Form 154, Retirement order indicating he was
discharged on 1 Sep 77. He served 3 years, 6 months, and 20 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his DD Form 214 cannot be amended
to reflect he was discharged on an earlier date since he was released from
active duty and placed on the TDRL on 18 Feb 76 and discharged after his DD
Form 214 was issued. When a member is removed from the TDRL a new DD Form
214 is not issued. Rather, the member is furnished a Special Order
indicating his final status. The order can be attached to his DD Form 214
reflecting his final disposition. The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4 Feb
05 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its 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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket Number BC-2004-
03698 in Executive Session on 6 Apr 05, under the provisions of AFI 36-
2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Terry L. Scott, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 2 Feb 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 4 Feb 05.
CATHLYNN B. SPARKS
Panel Chair
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