RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01161
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  7 OCT 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to reflect that she was honorably discharged rather  than  retired
on Temporary Disability on 27 January 1995.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her DD Form 214 lists her current status as retired.  This is not correct.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 16 August 1990, the applicant enlisted in the Regular  Air  Force  for  a
period of four years.  She  was  progressively  promoted  to  the  grade  of
senior airman effective and with a date of rank (DOR) of 16 February 1993.

AF Form 618, Medical Board Report, dated 27 September  1994,  indicated  the
applicant was diagnosed with atypical melorheostosis  (approximate  date  of
origin - 1991).  The injury incurred while entitled to  basic  pay,  it  did
not exist prior to service (EPTS), and it was not permanently aggravated  by
the service.  The Board recommended the applicant’s case be referred to  the
Informal Physical Evaluation Board (IPEB).

AF Form 356, Findings and Recommended Disposition of  USAF  IPEB,  dated  12
October  2004,  indicated  the  applicant  was   diagnosed   with   atypical
melorheostosis (right leg 10%, left leg 10% with a combined rating of  19  -
bilateral  factor  1.9%  with  a  combined  compensable  rating  of  20.9%).
Additional findings  indicated  the  applicant  was  unfit  because  of  her
physical disability, the disability was incurred in the line  of  duty,  the
disability was not the direct result of armed conflict or was caused  by  an
instrumentality of war and incurred in line of duty during a period of  war,
and the disability was not the direct result of  a  combat  related  injury.
It was recommended the applicant be discharged with severance pay.

AF Form 1180, Action on Physical Evaluation Board Findings  and  Recommended
Disposition, dated 21 November 1994, indicated the applicant did  not  agree
with the findings and  recommended  disposition  of  the  IPEB  hearing  and
demand a formal hearing of the case.

AF Form 356, Findings and Recommended Disposition of  USAF  Formal  Physical
Evaluation Board (FPEB), dated 7 December 1994, indicated the applicant  was
diagnosed  with  atypical  melorheostosis,   involving   lower   and   upper
extremities; EPTS with service  aggravation;  EPTS  factor  unascertainable.
Additional findings indicated the  member  was  unfit  because  of  physical
disability and the disability  was  incurred  in  the  line  of  duty.   The
recommended disposition was temporary retirement with a rating of 40%.   The
report further indicated the applicant had a rare  disease,  melorheostosis,
of which 200 cases exist in the  literature.   The  disease  is  potentially
severe  and  requires  following.   The  upper  and  lower  extremities  are
involved and there is no known effective medication.

AF Form 1180, Action on Physical Evaluation Board Findings  and  Recommended
Disposition, dated 7 December 1994, indicated the applicant agreed with  the
findings and recommended disposition of the FPEB.

On 27 January 1995, the applicant was released from active duty  and  placed
on the Temporary Disability Retired List (TDRL) due to  physical  disability
under the provisions of Title 10 United States Code (USC) 1202.  She  served
a total of 4 years, 5 months, and 12 days of total active duty service.

AF Form 356, Findings and Recommended Disposition of USAF Informal  Physical
Evaluation Board, dated 29 July 1996, indicated the applicant was  diagnosed
with Category I - unfitting conditions which were compensable  and  ratable:
idiopathic bone pain involving the upper and lower  extremities,  consistent
with atypical melorheostosis or Engelmann’s  disease.   Additional  findings
indicated the applicant was unfit because of  physical  disability  and  the
disability was incurred in the line  of  duty.   The  opinion  of  the  IPEB
indicated the applicant’s condition had stabilized and was  still  unfitting
with an impairment rating of 20%.  The  applicant  described  her  pains  as
intermittent and had not restricted her from full-time employment and  full-
time studies.

AF Form 1180, Action on Physical Evaluation Board Findings  and  Recommended
Disposition, dated 28 October 1996, indicated the applicant  did  not  agree
with the findings and recommended disposition of the PEB.

The Secretary of the Air Force Personnel Council (SAFPC)  Memorandum,  dated
19 December 1996, indicated the FPEB found in favor  of  the  applicant  for
discharge with severance pay with a 20%   disability  rating.   SAFPC  could
not find medical evidence, based upon  the  applicant’s  condition  at  that
time, to support the applicant’s request for a 40% disability rating  and  a
permanent disability retirement.

On 25 February 1997, the Secretary of the Air Force directed  the  applicant
be removed from the TDRL list and discharged in the grade of  senior  airman
by reason of  physical  disability  per  AFI  36-3212  with  entitlement  to
disability severance pay.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommended denial indicating the applicant’s DD Form  214  cannot
be amended or changed to reflect that she  was  honorably  discharged  on  a
later date since she was discharged after her DD Form 214 was issued.   When
the applicant was removed from the TDRL, a new DD Form 214 was  not  issued.
Rather, the member received a Special Order  indicating  her  final  status.
That order becomes a permanent part of her military personnel file, and  can
be attached to her DD Form  214  reflecting  her  final  disposition.   They
attached a copy  of  her  Separation  Order  dated  5  February  1997.   The
applicant’s request to  amend  or  change  her  DD  Form  214  would  be  in
violation of Air Force Instructions and is not authorized.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 April 2005, a copy of the Air Force evaluation was  forwarded  to  the
applicant 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 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.   According  to  the  applicant’s
military personnel records she was released  from  active  service  and  her
name was placed on the TDRL on 27 January 1995.  On  25 February  1997,  her
name was removed from the TDRL and she  was  discharged.   As  a  matter  of
information,  the  applicant  should  contact  the   Office   of   Personnel
Management (OPM) regarding her creditable  service.   She  should  reference
the OPM Guide Chapter 6 (Creditable Service for Leave  Accrual),  Subchapter
2, Computing the Service Computation Date-Leave.  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.

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(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

________________________________________________________________

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-2005-
01161 in Executive Session on 14 July 2005, under the provisions of AFI  36-
2603:

            Ms. Kathleen F. Graham, Panel Chair
            Ms. Martha A. Maust, Member
            Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 March 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 15 April 2005, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 22 April 2005.




                                KATHLEEN F. GRAHAM
                                Panel Chair