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AF | BCMR | CY2005 | BC-2005-01197
Original file (BC-2005-01197.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01197
            INDEX CODE:  110.01
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  10 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release of Discharge from Active Duty,
be changed to reflect she was retired on 24 Feb  05,  rather  than  on
18 May 02.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was removed from the Temporary Disability Retirement  List  (TDRL)
and retired on 24 Feb 05.  She wants her DD Form 214  to  reflect  her
new status of permanently retired.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 Sep 99 and served
as an air traffic control apprentice.

On 2 Jul 01, the applicant was diagnosed  with  post-traumatic  stress
disorder (PTSD) after she sustained a traumatic altercation  (assault)
by civilian police during an alleged alcohol-related  incident  (later
cleared from her civilian record in court).  This event  was  followed
by the sudden illness and subsequent death of her  father  during  the
Thanksgiving holiday.  She experienced increasing depressive and  PTSD
symptoms and required treatment  with  psychotherapy  and  medication.
PTSD is incompatible with air traffic controller  duties  per  AFI 48-
123.

On 22 Feb 02, an Informal Physical Evaluation Board (IPEB) recommended
the applicant be placed on the TDRL with a disability  rating  of  30%
for PTSD with major depression.   The  applicant  disagreed  with  the
recommendation; however, on 25 Mar 02, the Secretary of the Air  Force
Personnel Council (SAF/PC) directed the applicant  be  placed  on  the
TDRL at 30%.

On 17 May 02, the applicant was placed on the TDRL  in  the  grade  of
senior airman, after 2 years, 8 months, and 10 days  of  active  duty,
with a disability rating of 30%.  Her placement on the  TDRL  required
her to undergo periodic physical evaluations.

An 18 Aug 03 Narrative Summary revealed she  continued  to  experience
ongoing  neurovegetative  signs  and  symptoms   of   depression   and
breakthrough PTSD symptoms with frequent flashbacks  of  her  father’s
death.   She  lived  with  and  took  care  of  her  disabled  mother.
Treatment of her depressive symptoms had only moderate success and her
risk of posing a danger to herself or others in active duty status was
significant.  Recommendation was  ongoing  psychotherapy  as  well  as
medication management.

On 15 Oct 03, an IPEB recommended continuance on the TDRL.  On  18 Nov
04, a Narrative Summary noted the applicant’s continued depression and
flashbacks, as well as the death of three paternal aunts in  the  past
year.  On 17 Dec 04, an IPEB determined the applicant’s condition  was
essentially unchanged and recommended she be placed on  the  Permanent
Disability Retirement List (PDRL) at 30% for major depressive disorder
associated with PTSD.  The applicant concurred.

Special Order No. ACD-00291, dated 4 Feb 05, directed the applicant be
permanently retired in the grade of senior airman  for  disability  at
30%, effective 24 Feb 05.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD advises that  the  applicant’s  DD  Form  214  cannot  be
amended or changed to reflect she was medically  retired  on  a  later
date since she was permanently retired  after  her  DD  Form  214  was
issued.  When a member is removed from the TDRL, a new DD Form 214  is
not issued.  Rather, the member receives 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.  Denial is recommended.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 29 Jul 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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded her DD Form 214 should be changed to  show  she  retired  on
24 Feb 05, rather than on 18 May 02.  The applicant’s contentions  are
duly noted; however, we do  not  find  these  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  When a member is removed from the TDRL,  a  new  DD
Form 214 is not issued; DD  Form  214s  are  used  to  reflect  active
service only, not time on the TDRL  or  inactive  Reserve  duty.   Her
Special Order permanently retiring her for  medical  disability  is  a
permanent part of her military personnel file and reflects  her  final
disposition.  We therefore adopt the rationale expressed as the  basis
for our decision that the applicant has not sustained  her  burden  of
having suffered either an error or an injustice.  In view of the above
and absent persuasive evidence  to  the  contrary,  we  conclude  this
appeal should be denied.

_________________________________________________________________

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 14 September 2005 under the provisions of AFI 36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Kathy L. Boockholdt, Member
                 Mr. Wallace F. Beard, Jr., Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01197 was considered:

   Exhibit A.  DD Form 149, dated 15 Mar 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPD, dated 21 Jul 05, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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