RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00908
            INDEX CODE:  102.08

            COUNSEL:  PARALYZED VETS AMERICA

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 SEPTEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he had  20  years  of  active
duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The record is unjust because he was  placed  on  temporary  retirement
list (TDRL).  He thinks it is unfair of the Air Force to place him  on
TDRL with less than a year from retirement.  The TDRL made him do  the
same  things  as  if  he  were  still  on  active  duty.   Under   the
circumstances, and due to his physical limitations and  abilities,  he
should have been given that time as active duty time and been able  to
retire with the  full  twenty  years.   It  seems  unfair  to  him,  a
dedicated member of the Air Force who has an  unblemished  record  and
has served his country to be shortchanged for less than one  year,  to
be exact 362 days.

In support of the appeal, applicant submits a  personal  statement,  a
copy of his DD Form 214, Certificate  of  Release  or  Discharge  from
Active Duty, and a copy of his DD Form 215, Correction to DD Form 214,
Certificate of Release or Discharge from Active  Duty.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 October  1979.   His
highest grade held was staff sergeant.

Based on the  determination  the  applicant’s  fitness  for  duty  was
questionable due to a diagnoses of “Autoimmune myeloradiculitis, Mild-
to-moderate obstructive voiding symptoms without anatomic explanation,
Secondary to his autoimmune myeloradiculitis or early  prostatism,”  a
Medical Evaluation  Board  recommended  his  case  be  referred  to  a
Physical Evaluation  Board  (PEB).   The  applicant  was  advised  and
provided a letter of exception in the  form  of  a  statement  by  his
direct supervisor, Major  General  T---,  indicating  the  applicant’s
condition was so severe  he  should  be  considered  for  the  highest
percentage  of  disability  due  to  extreme  deterioration   of   the
applicant’s health. On 5 August 1998, after reviewing he evidence,  an
Informal PEB (IPEB) recommended the applicant’s name be placed on  the
Temporary Disability Retired List (TDRL) with a compensable rating  of
30 percent.  On 19 August 1998, the applicant  nonconcurred  with  the
recommendation of the IPEB and demanded a formal hearing.  Then, on  8
September 1998, the applicant signed a waiver of the  formal  hearing.
On 14 September 1998, the Secretary of  the  Air  Force  approved  the
IPEB’s recommendation and directed that the applicant’s name be placed
on the TDRL.  Applicant was released from active duty  on  30  October
1998 and his name was placed on the Temporary Disability Retired  List
(TDRL) on 31 October 1998.  He had served 19 years, 6  months  and  25
days on active duty.

On 30 March 2000, the applicant’s  condition  was  reevaluated  by  an
IPEB.  The IPEB recommended permanent retirement because  of  physical
disability with a 30 percent compensable rating.   On  27 April  2000,
the  applicant  concurred  with  the  IPEB’s  recommendation  and  the
permanent disposition of his  case  was  thereafter  directed  by  the
Secretary of the Air  Force.   29  May  2000,  at  the  applicant  was
permanently retired because of physical disability with a  30  percent
disability.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  Unfortunately, the  applicant’s  service
records cannot be amended or changed to reflect  that  he  had  twenty
years of active  duty.   Although  his  time  spent  on  the  TDRL  is
creditable for pay, it is not  creditable  for  active  duty  service.
While on the TDRL, a service member is not on active duty and  is  not
fit to fulfill those duties.  When the  member  is  removed  from  the
TDRL, a new DD Form 214 is not issued.  Rather, 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.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 April 2005, a copy of the Air Force evaluation was  forwarded  to
applicant for review and response within 30 days.  As of this date, no
response has been received by this office.

On 3 May 2005, retired Lieutenant General  E---  L.  T---  provided  a
letter on behalf of applicant stating he was personally involved  with
the applicant during the period of  time  his  medical  condition  was
under evaluation and diagnosis and stayed in frequent contact with him
up until he departed McClellan AFB, CA in May 1998.  He can attest  to
the fact that applicant strictly adhered to all his doctors’  mandates
and instructions and did everything  humanly  possible  to  remain  on
active duty.

The applicant now tells  him  he  is  being  denied  a  full  20  year
retirement for lack of less than seven months of  creditable  service.
He finds this unconscionable.   Had  they  known  this  would  be  the
ultimate result of his medical condition in  1997,  he  is  absolutely
positive he (the applicant) could have convinced the medical community
to keep him on active duty for seven more  months.   Having  spent  36
years in our Air Force,  he  cannot  believe  there  is  no  provision
available to grant the  applicant  a  full  20  year  retirement.   He
deserves no less.

A copy of the letter is at Exhibit E.

_________________________________________________________________

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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the  victim  of  an  error  or  injustice.   As
stated, while on the TDRL, a service member is not on active duty  and
is not fit to fulfill those duties.   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  this  application  in
Executive Session on 12 July 2005, under the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Frederick R. Beaman III, Member
                 Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Feb 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPD, dated 31 Mar 05.
      Exhibit D. Letter, SAF/MRBR, dated 8 Apr 05, w/atch.




                             THOMAS S. MARKIEWICZ
                             Chair