RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF DOCKET NUMBER:  BC-2005-01829
            INDEX CODE:  108.00
            CASE:  3

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 DEC 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement order be corrected to reflect  that  he  was  retired  on  27
September 1997 rather than 8 December 1995.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Retirement Order, Special Order  Number  ACD-1349,  dated  9 July  1997,
reflects 19 years, 3 months, and 20 days for pay purposes  and  19 years,  2
months, and 25 days for active service for retirement.  His retirement  date
of 8 December 1995 should read 27 September 1997 as  reads  on  his  orders.
That would give him over 20 years of creditable service.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the applicant  who  had  prior  service,
enlisted in the Regular Air Force on 22 April 1983 in  the  grade  of  staff
sergeant.

A Medical Evaluation Board (MEB) narrative  summary,  dated  6  April  1990,
indicates the applicant complained of pain in both feet at the area  of  the
medial longitudinal arch  and  in  the  lateral  aspect  of  his  rear  foot
especially during and after prolonged walking and standing.   The  applicant
reported his feet were swollen at the end of the  day  and  noted  his  feet
goes into spasms  on  occasion  with  no  particular  pattern,  but  usually
associated with over use.  It was further indicated  the  applicant  had  an
L3 profile since 1985 to include no running,  marching,  prolonged  standing
or walking greater than ten minutes per hour.  He  had  been  given  various
orthotic devices for his shoes which had only given him temporary relief  of
his symptoms.  He had taken non-steroidal anti-inflammatory medications  for
several years which gave only temporary relief of his symptoms.   Relief  of
symptoms was primarily by avoiding over-use of his feet.

AF Form 618, A Medical Board  Report,  dated  9  July  1990,  indicates  the
applicant was diagnosed with degenerative joint disease in both  feet.   The
approximate date of origin was March 1985 and  the  injury  was  permanently
aggravated by the service.

A Medical Board Report, dated 28 July  1995,  indicates  the  applicant  was
diagnosed with left shoulder, neck, and  arm  pain  of  uncertain  etiology;
bilateral foot pain secondary to metatarsus primus  varus,  hypermobile  pes
planus, and prior post surgical changes  with  left  foot  first  metatarsal
lateral spur, and  pain  behaviors,  questionable  psychological  component.
The report further indicated the injury incurred in the  line  of  duty  and
that the applicant was not worldwide qualified for  duty.   The  disposition
and recommendation indicated the applicant had chronic left upper  extremity
pain out  of  proportion  to  physical  examination  without  any  objective
findings as a cause despite an extensive  evaluation.   He  failed  physical
therapy treatment for his impingement type symptoms.  It was felt  he  would
not benefit from surgery at that time  and  was  unlikely  to  significantly
improve rapidly with further physical therapy, although it  was  recommended
he continue on a course of rotator cuff  strengthening  exercises.   He  had
very minimal carpal tunnel symptoms which  were  atypical  clinically.   The
bilateral foot  pain  and  weakness  in  his  muscles  with  no  significant
radiographic evidence  of  degenerative  joint  disease  in  his  feet,  was
probably due to a long history of his flexible pes planus  with  prior  foot
surgery.  Due to his stated limitation caused by his  foot  and  left  upper
extremity pain, the applicant was not fit for duty, not worldwide  qualified
or deployable.

AF Form 618, Medical Board  Report,  dated  1  August  1995,  indicates  the
applicant was diagnosed with left shoulder, neck and arm pain  of  uncertain
etiology (non-dominant arm).  Status post (S/P)  extensive  evaluation,  due
to pain behaviors questionable psychological  component  -  the  approximate
date of origin was 1994.  Further diagnoses indicated long-standing  history
of bilateral foot pain secondary to congenital metatarsus primus  varus  and
hypermobile  pes  planus.   S/P  multiple  methods  of  treatment  including
surgical procedures dating by records to age 16,  pain  exacerbated  by  any
physical activity and states can not stand for greater  than  15 minutes  or
walk over a half block due to a 8/10 pain - the approximate date  of  origin
was childhood.   The  applicant’s  case  was  referred  to  the  Information
Physical Evaluation Board (IPEB).





A Mental Health Evaluation, dated 16 September 1995, indicates  based  on  a
clinical interview and an analysis of testing - the  applicant  appeared  to
have experienced feelings of depression accompanied with mild anxiety.   His
depression and anxiety seemed to be a result  of  the  pain  he  experienced
from his reported medical condition.  There was  no  evidence  his  reported
medical condition had  a  psychological  etiology.   It  was  concluded  the
applicant’s reported depression  and  anxiety  were  not  severe  enough  to
impair his ability to perform his duties to the fullest in the Air Force.

AF Form 356, Findings and Recommended Disposition of the  Informal  Physical
Evaluation Board (IPEB) dated 11 October 1995, indicates the  applicant  was
diagnosed with left shoulder, neck and arm pain of uncertain etiology  (non-
dominant arm) associated with adjustment disorder  with  mixed  anxiety  and
depressed mood with no social industrial impairment and bilateral foot  pain
secondary to metatarsus primus varus, hypermobile pes  planus,  status  post
bilateral osteotomy of first metatarsals age 15.  Existed prior  to  service
with   service   aggravation.    Existed   prior   to   service   factor   -
unascertainable.  Additional findings  indicated  the  applicant  was  unfit
because of physical disability and the disability was incurred in  the  line
of duty.  It was further indicated the degree of impairment  may  have  been
permanent and the compensable percentage was 30.  The IPEB  recommended  the
applicant for temporary retirement.

AF Form 1180, Action on IPEB Findings and Recommended Disposition, dated  23
October  1995,  indicates  the  applicant  agreed  with  the  findings   and
recommended disposition of the IPEB.

On 25 October 1995, officials within the office of the Secretary of the  Air
Force determined the applicant was physically unfit for  continued  military
service and directed the applicant be placed  on  the  Temporary  Disability
Retired List (TDRL).

Special Orders No. ACD-0185, dated 30 October 1995,  indicates  effective  8
December 1995, the applicant was relieved from active duty and  effective  9
December 1995, the applicant was placed on  the  TDRL  in  the  retired  pay
grade of technical sergeant with a disability rating of 30 percent.

During his TDRL reevaluation, he was seen for a  mental  health  evaluation.
The  evaluation  indicated  no  psychiatric  diagnosis.   If   he   remained
psychiatrically symptom free, then a  mental  health  evaluation  on  future
TDRL exams was not needed.  The remaining portion of the  TDRL  reevaluation
indicated his pain remained very limiting and there was  no  possibility  of
his return to active duty.

AF Form 356, Findings and Recommended Disposition  of  the  IPEB,  dated  19
June  1997,  indicates  the   applicant’s   medical   conditions   had   not
significantly changed since he was placed on the TDRL and his condition  was
stable and unfitting for further military  service.   The  IPEB  recommended
permanent retirement.

On 1 July 1997, the applicant concurred with  the  recommended  findings  of
the IPEB.

On 9 July 1997, the Secretary of the  Air  Force  directed  the  applicant’s
name be removed from the TDRL and he be permanently retired.

On 29 July 1997, the applicant’s name was removed from the TDRL and  he  was
retired in the grade of technical sergeant.  He served 19 years 2 months  25
days of total active duty service for retirement with  a  disability  rating
of 30 percent and 19 years, 3 months, and 20 days for basic pay.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommended denial indicating  the  applicant  was  released  from
active service and placed on the TDRL on 11 October  1995  [sic]  due  to  a
physical disability under the provisions of  Title  10  United  States  Code
(USC) 1202.  He remained on the TDRL until 29 July 1997, at  which  time  he
was removed from  the  TDRL  and  permanently  retired  with  a  30  percent
disability rating under the provisions  of  Air  Force  Manual  (AFM)  35-4.
Military personnel records and his DD Form 214, Certificate  of  Release  or
Discharge from Active Duty, reflect he completed  19  years,  2 months,  and
25 days of active duty service and  19  years,  3 months,  and  20 days  for
basic pay.

Unfortunately,  the  applicant’s  retirement  order  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  the
applicant was removed from the TDRL, a new DD Form 214 was  not  issued  and
additional active duty credit is not given for the time spent on  the  TDRL.
Rather, the applicant receives another Special Order  indicating  his  final
status.  No additional time in service is  added  to  the  final  retirement
order.  That order becomes a permanent part of his military personnel  file,
and can be attached to his DD Form 214  reflecting  his  final  disposition.
The applicant’s request to amend or change his retirement order  to  include
additional  time  on  active  duty  would  be  in  violation  of  Air  Force
Instructions and is not authorized.

The evaluation is at Exhibit C.

_________________________________________________________________







APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the  evaluation  and  indicated  DFAS-CL  stated  his
retired pay was calculated using his DD Form 214 which reflects the date  he
was placed on TDRL.  Therefore, changing his retired date  for  retired  pay
purposes is not a violation of Air Force Instructions and is doing  what  it
states to  do  and  what  Title  10  U.S.C.  and  DOD  Financial  Management
Regulation Volume 7B, Chapter 11 states is the procedure.

The applicant’s response, with attachments, is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

DFAS-CL indicated the applicant was transferred to the  TDRL  on  9 December
9, 1995, in accordance with 10 U.S.C. 1202 and a disability rating  of  30%.
In accordance with retired pay procedures outlined in  Financial  Management
Regulation Volume 7B, Chapter 1, the above named member’s  retired  pay  was
calculated based on creditable active duty service of 19  years,  2  months,
25 days.  His pay was also calculated based on his disability percentage  in
accordance with TDRL rates, 50% being the minimum.  A  comparison  was  made
of the two gross amounts and  the  member  was  paid  the  most  financially
advantageous of the two.  Because his service entry  date  was  prior  to  8
September 1980, his initial gross retired pay was based on  the  paybill  in
effect at the time of his retirement.

Upon transfer to the Permanent Disability Retirement List  (PDRL)  under  10
U.S.C. 1202,  the  applicant’s  pay  was  recalculated  in  accordance  with
Financial Management  Regulation  Volume  7B,  Chapter  11,  based  on  both
creditable time in service and actual  disability  percentage.   Again,  the
two  amounts  were  compared  and  the  applicant  was  paid  at  the   most
advantageous rate.  Because his actual disability rating  was  30%,  it  was
determined that his retired pay would be most beneficial if it was based  on
actual time served -- 19 years, 2 months, or 47.92  percent  of  his  active
duty base pay at his original date of retirement.

Time accumulated on the TDRL and PDRL is not considered  creditable  service
and is not factored into retired pay computations  or  added  to  creditable
active duty service.

The evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the  evaluation  and  indicated  DFAS-CL  stated  his
retired pay was calculated using his DD Form 214 which  has  the  date  when
placed on the TDRL.  So changing his retired date for retired  pay  purposes
is not a violation of Air Force Instructions and is doing what it states  to
do and what Title 10 U.S.C. and DOD Financial Management  Regulation  Volume
7B, Chapter 11 states is the procedure.  If the dates are  not  changed  the
Air Force is in violation of its own  Instruction  and  DOD  regulation  and
Title 10 U.S.C.

The applicant’s response, with attachments, is at Exhibit I.

_________________________________________________________________

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, that becomes a permanent part of  the
member’s  military  personnel  record  reflecting   active   duty   service.
According to the applicant’s military personnel  records,  he  was  released
from active service and his name was placed on the TDRL on 8 December  1995.
 On 29 July 1997, his name was removed from the TDRL  and  he  was  retired.
With respect to the applicant’s contentions  regarding  the  calculation  of
his retired pay, he presents  no  persuasive  evidence  that  DFAS  has  not
properly calculated his pay.  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.

________________________________________________________________

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-
01829 in Executive Session on 14 December 2005, under the provisions of  AFI
36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. Wallace F. Beard, Jr., Member
                  Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 May 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 20 June 2005.
   Exhibit D.  Letter, SAF/MRBR, dated 1 July 2005.
   Exhibit E.  Letter, Applicant, dated 15 July 2005, w/atchs.
   Exhibit F.  Letter, AFBCMR, dated 12 August 2005.
   Exhibit G.  Letter, DFAS-CL, dated 28 September 2005.
   Exhibit H.  Letter, AFBCMR, dated 13 October 2005.
   Exhibit I.  Letter, Applicant, undated, w/atchs.




                                THOMAS S. MARKIEWICZ
                                Chair