RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03862
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 JUNE 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to reflect he was retired  on  the  Temporary  Disability  Retired
List (TDRL) on 11 May 1961 or August 1962 rather than 11 December 1959.

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APPLICANT CONTENDS THAT:

He desires an adjustment of his service time from 11  December  1959  to  11
May 1961 or August 1962.

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

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STATEMENT OF FACTS:

During the time period in question, the applicant, who  had  prior  service,
enlisted in the Regular Air Force on 5 October 1956 for  a  period  of  four
years.

AF Form 356, Proceedings and Findings of the Air Force  Physical  Evaluation
Board, dated 18 November 1959, indicates the applicant  was  diagnosed  with
tuberculosis, pulmonary, active minimal, with  tuberculosis  of  bone,  left
second rib and tuberculosis of lymph nodes, and mediastinal.  It  was  found
the extent of  his  disability  was  unfit  and  could  be  permanent.   His
disability had a compensable rating of 100 percent.

AF Form 1180, Recommended Findings of Physical Evaluation  Board,  dated  18
November 1959, indicates the applicant was not physically fit  for  military
service; his disability was incurred while entitled to  receive  basic  pay;
his disability was the proximate result of performance of military  service;
his disability was not due to  misconduct,  neglect  or  incurred  during  a
period of unauthorized absence; and  the  disability  was  not  incurred  in
combat.   On  that  date,  the  applicant  concurred  with  the  recommended
findings.

On 11 December 1959, the applicant was released from  active  duty  and  his
name was placed on the TDRL due to physical disability under the  provisions
of Title 10 United States Code (USC) 1202.   He  served  a  total  of  three
years, two months, and seven days during this enlistment.  His DD  Form  214
reflects he served 7 years, 2 months, and 22 days of total active service.

On 26 May 1961, after a periodic  examination,  the  Secretary  of  the  Air
Force determined the applicant would be retained on the TDRL.

On 23 November 1962, AF  Form  618,  Medical  Board  Report,  indicates  the
applicant was diagnosed  with  tuberculosis,  pulmonary,  minimal,  inactive
three years, off treatment one and a half years without residual  lesion  to
x-ray - date of origin 1959; tuberculosis, bone, left posterior second  rib,
inactive three years, off treatment one and a half  years  without  residual
lesion to x-ray - date of origin 1959; fracture, old, talus, (24 July  1962)
with  union  suggestion  of  possible  subtalar  incongruities   and   early
aseptonecrosis of the proximal talus - date of  origin  1962;  and  nonunion
and displacement of fracture at the base of the fifth matatarsal -  date  of
origin 1962.  The report further  indicated  the  applicant  was  physically
qualified for general military service.  His records were forwarded  to  the
PEB for further evaluation.

AF Form 188, Statement Relative to Re-Appointment or Reenlistment, dated  30
November 1962, indicates the applicant did not desire  reenlistment  in  the
Regular Air Force.

On 21 January 1963, the Physical Review  Council,  considered  all  material
which was presented in regard to the  reexamination  of  the  applicant  and
determined he was physically fit to perform the duties of his grade and  the
diagnosis was no disease found (formerly tuberculosis, pulmonary).   It  was
recommended the applicant’s name be removed from the TDRL.

On 25 January 1963, the  applicant  was  found  physically  fit  to  perform
active  military  service  and  was  subsequently  removed  from  the  TDRL.
Special Order AB-1253, dated 23 January 1963, reflected  the  applicant  was
removed from the TDRL and discharged in the grade of  airman  second  class,
effective 31 January 1963.

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AIR FORCE EVALUATION:

AFPC/DPPD recommended denial indicating the applicant’s DD Form  214  cannot
be amended or changed to reflect he was retired at a  later  date.   When  a
member is removed from the TDRL, a new DD  Form  214  is  not  issued.   The
member receives a Special Order indicating his  final  status.   That  order
becomes a permanent  part  of  his  military  personnel  file,  and  can  be
attached to his DD Form 214 reflecting his final disposition.  To  amend  or
change his DD Form 214 would be in violation of Air Force  Instructions  and
is not authorized.

The evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated the DD Form 214 is a  DD
Form 217 (Certificate) issued at the time of his  transfer,  not  discharge.
This is one of the issues not addressed or considered.   The  other  is  his
creditable time for basic pay purposes.  He states he  is  requesting  total
net service time and his medical status before 31 January 1963.

The applicant’s response is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPPD provided an additional evaluation and  recommended  denial.   They
indicated the applicant’s DD Form 214  or  DD  Form  217AF  (Certificate  of
Service) cannot be amended or changed to reflect he was retired at  a  later
date.  The DD Form 214 reflects active duty time.  Time spent  on  the  TDRL
is not creditable  for  active  duty;  therefore,  when  the  applicant  was
removed from the TDRL a new  DD  Form  214  was  not  issued.   Rather,  the
applicant received a Special Order indicating his final status.  That  order
becomes a permanent  part  of  his  military  personnel  file,  and  can  be
attached to  his  DD  Form  214  reflecting  his  final  disposition.   They
attached a copy of his Separation Order dated 23 January 1963.  The DD  Form
217AF (Certificate of Service), which is no longer in use,  was  also  given
to reflect active duty service and cannot be changed.  His request to  amend
or change his DD Form 214 would be in violation of  Air  Force  Instructions
and is not authorized.

The evaluation, with attachment, is at Exhibit F.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 March 2005, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 30 days (Exhibit G).   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 an 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  and  adopt  its
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or injustice.  The Board  notes  time  spent  on  the
TDRL is not creditable time towards active duty.  When a member  is  removed
from the TDRL a new DD Form 214  is  not  issued.   The  member  receives  a
Special Order indicating final status, which becomes  a  permanent  part  of
the member’s military personnel record and in the applicant’s  case  he  was
also given a DD Form 217AF (Certificate of Service), which  reflects  active
duty service.  According to the applicant’s military  personnel  records  he
was released from active service and his name was placed on the TDRL  on  11
December 1959.  On 25 January 1963, he was found physically fit  to  perform
active military service and his name was removed from the TDRL  and  he  was
discharged on 31 January 1963.  Therefore, in view of the foregoing  and  in
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting the relief sought.

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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-
03862 in Executive Session on 21 April 2005, under the provisions of AFI 36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Alan A. Blomgren, Member
                  Ms. Renee M. Collier, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 December 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 12 January 2005, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 28 January 2005.
   Exhibit E.  Letter, Applicant, dated 7 February 2005.
   Exhibit F.  Letter, AFPC/DPPD, dated 28 February 2005,
                   w/atch.
   Exhibit G.  Letter, SAF/MRBR, dated 4 March 2005.




                                RICHARD A. PETERSON
                                Panel Chair