RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02148
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 JAN 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to reflect he was retired  on  4  December  1970  rather  than  10
October 1967.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires an adjustment of his service time.  His DD Form 214  reflects  he
served in the Air Force until 1967; however, he was discharged in 1970.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 3 May 1965, the applicant enlisted in the Regular Air Force in the  grade
of airman basic for a period of four years.

AF Form 356, Proceedings and Findings  of  USAF  Physical  Evaluation  Board
(PEB), dated 18 September 1967, indicated the applicant was  diagnosed  with
schizophrenic reaction, paranoid type with definite  impairment  for  social
and  industrial  adaptability;  requiring  Veteran’s   Administration   (VA)
hospitalization.  The  recommended  findings  indicated  the  applicant  was
unfit because  of  physical  disability,  the  disability  was  not  due  to
intentional misconduct, willful neglect,  and  was  not  incurred  during  a
period  of  unauthorized  absence.   The  PEB  determined  the   applicant’s
disability rating was 100%.



AF  Form  1180,  Recommended  Findings  of  the  Physical  Evaluation  Board
(Modified  Hearing),  dated  18  September  1967,  indicated  the  applicant
concurred with the recommended findings

On  25  September  1967,  the  Secretary  of  the  Air  Force  approved  the
recommendation  that  the  applicant  be  placed  on  the  TDRL  under   the
provisions of 10 USC 1202, effective 11 October 1967.

The applicant’s DD Form 214 reflects he was honorably released  from  active
duty and his name was placed on the TDRL in accordance with AFM 35-4  on  10
October 1967.

Retirement Order, Special Order Number AC-23457,  dated  26 September  1967,
indicated the applicant was relieved from active duty  on  10  October  1967
with a retired date of 11 October 1967.  He retired in the grade  of  airman
first class.  His highest grade held on active duty was airman first  class.
 He served two years, five months, and  eight  days  of  total  active  duty
service.

On 4 February 1969, the applicant underwent his  periodic  evaluation  while
on the TDRL.  The PEB recommended the applicant  be  retained  on  the  TDRL
with a 30% disability rating.  On 3 March 1969, the  applicant  agreed  with
the findings.  On 27 March 1969, the Office of  the  Secretary  of  the  Air
Force approved the retention of the applicant on the TDRL.

The applicant was directed to appear before a Formal PEB because he did  not
reply to the findings of the Informal PEB, which were forwarded to him on  1
June 1970 and received by him on 4 June 1970, as evidenced  by  a  certified
mail receipt.  When he did not respond to the  notification  of  the  Formal
PEB, the case was heard in absentia.

The Recommended Findings of the Physical Evaluation Board (Formal  Hearing),
AF Form 1181, dated 4 September 1970,  indicated  the  applicant  was  unfit
because of physical disability.  The recommended disposition  was  that  the
applicant be discharged with severance pay  with  a  compensable  percentage
rate of 10%.

On 13 November 1970, the Office of the Secretary of the Air  Force  approved
the recommendation to remove  the  applicant  from  the  TDRL,  effective  4
December  1970.   Retirement  Order  AC-35524,  dated  16   November   1970,
indicated the applicant was placed on  the  TDRL  on  11  October  1967  and
removed from the TDRL on 4 December 1970 and discharged with entitlement  to
disability severance pay, in the grade of sergeant.

_________________________________________________________________





AIR FORCE EVALUATION:

AFPC/DPPD recommended denial  indicating  a  DD  Form,  214  is  to  show  a
member’s active duty time.  Time spent on the TDRL is not active duty  time.
 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.
That order becomes a permanent part of his military personnel file, and  can
be attached to his DD Form 214 reflecting his final disposition.  Copies  of
his DD Form 214, Retirement Orders, dated 26 September 1967 and 16  November
1970, and DD Form 256AF,  Honorable  Discharge  Certificate  indicating  his
disability  rating  and  the  recommended  disposition  of  discharge   with
severance pay are attached.  To amend or change his DD Form 214 would be  in
violation of Air Force Instructions and is not authorized.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 August 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.   After  a  thorough  review  of  the
evidence of record and the applicant’s submission, we are not persuaded  his
DD Form 214 should be changed to show he retired on 4 December 1970,  rather
than 10 October 1967.  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 duty service only, not  time  on  the  TDRL.
His Special Order showing disability with entitlement to severance pay is  a
permanent part of  his  military  personnel  file  and  reflects  his  final
disposition.  We therefore adopt the rationale expressed as  the  basis  for
our decision that the applicant has  not  sustained  his  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 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-
02148 in Executive Session on 22 September 2005,  under  the  provisions  of
AFI 36-2603:

            Mr. Christopher D. Carey, Panel Chair
            Ms. Sue A. Lumpkins, Member
            Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 June 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 21 July 2005, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 5 August 2005.




                                CHRISTOPHER D. CAREY
                                Panel Chair