RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01198
INDEX NUMBER: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 Oct 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Certificate of Release or Discharge from Active Duty, DD Form 214,
issued in conjunction with his 25 July 1984, release from active duty, be
corrected to show that on 19 August 1988, he was discharged from active
duty and permanently retired for disability.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His name was placed on the Temporary Disability Retired List (TDRL) on 25
July 1984; however, after being twice medically re-evaluated, on 9 August
1988, his disability status was changed from temporary to permanent. Since
his DD Form 214 does not show that he was permanently retired, he is unable
to claim 30% veteran’s disability for federal employment.
In support of the appeal, applicant submits his DD Form 214 and permanent
retirement order.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was commissioned a second lieutenant on 1 August 1977 and
entered active duty. On 25 July 1984, he was honorably released from
active duty and his name was placed on the TDRL effective 26 July 1984,
based on the diagnosis of Acquired Immune Deficiency Syndrome (AIDS). He
was reevaluated on 12 December 1985 and 3 March 1987 and was retained on
the TDRL, with a 30% rating. He was reevaluated on 14 July 1988, and
based on the diagnosis of Human Immunodeficiency Virus (HIV), rated at 60%,
his name was removed from the TDRL and he was permanently retired on
19 August 1988. He completed 11 years and 28 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends the application be denied and states, in part, that
when a 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,
which becomes a permanent part of his military personnel file and can be
attached to his DD Form 214 reflecting his final disposition.
The AFPC/DPPD evaluation 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 6 May 2005 for review and response within 30 days. However, 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 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 he has been credited
with all active service creditable under the governing regulation and laws
in effect at the time of his permanent disability retirement. In this
respect, we note the DD Form 214 is used to document periods of active
duty. As such, when a member’s name is removed from the TDRL and the
member is permanently retired, a new DD Form 214 is not issued. Rather, a
Special Order is issued announcing the member’s retirement and is used to
document the final disposition of the case. In this applicant’s case, on
26 July 1984, his name was placed on the TDRL based on the diagnosis of
Acquired Immune Deficiency Syndrome (AIDS) and he was issued a DD Form 214
documenting his active service during the period 1 August 1977 through 25
July 1984. He was reevaluated on 14 July 1988, and based on the diagnosis
of Human Immunodeficiency Virus (HIV), rated at 60%, his name was removed
from the TDRL and he was permanently retired on 19 August 1988, per Special
Order AC-1681, dated 9 August 1988. 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 Docket Number BC-2005-01198
Session on 23 June 2005, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher D. Carey, Member
Mr. Wayne R. Gracie, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 26 Apr 05, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 6 May 05.
THOMAS S. MARKIEWICZ
Chair
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