RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03909
INDEX CODE: 108.10
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 SEPTEMBER 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was retired on 11 July 1973
rather than 31 March 1972.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Retiring on 11 Jul 73 would give him a 20-year retirement.
In support of his appeal, applicant submitted copies of
documentation associated with his removal from the Temporary
Disability Retired List (TDRL) and permanent retirement for
disability, effective 11 Jul 73; and copies of his DD Forms 214
(Armed Forces of the United States Report of Transfer or Discharge)
covering the period 19 Sep 56 through 31 Mar 72.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The available records reflect applicant served in the Army Air
Corps from 19 Sep 42 until his discharge on 26 Dec 45. He was
credited with 3 years, 3 months, and 6 days of longevity for pay
purposes.
He enlisted in the Regular Air Force on 19 Sep 56 and had
continuous honorable service until he was released from active
service and placed on the TDRL on 31 Mar 72 due to physical
disability under the provisions of Title 10 U.S.C. 1202. At that
time, he had completed 18 years, 10 months, and 5 days of active
service. He remained on the TDRL until 11 July 1973, at which time
he was permanently retired with a disability rating of 80%.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD reviewed this application and recommended denial.
Applicant’s DD Form 214 cannot be amended or changed to reflect
that he was medically retired on a later date since he was
permanently retired after his DD Form 214 was issued. When a
member is removed from the TDRL, a new DD Form 214 is not issued.
Rather, a 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.
A copy of the evaluation, with attachments, is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 3 Feb 05 for review and comment 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. We took notice of
the applicant's complete submission in judging the merits of the
case. However, after careful review of the available records, it
appears that he has been credited with all active service
creditable under the governing regulation and laws in effect at the
time of his disability retirement. We therefore 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. 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 AFBCMR Docket Number
BC-2004-03909 in Executive Session on 28 April 2005, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Charlie E. Williams Jr., Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 27 Jan 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 4 Feb 05.
MICHAEL K. GALLOGLY
Panel Chair
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