Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-02697
Original file (BC-2005-02697.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02697
            INDEX NUMBER:  145.00
      XXXXXXXXXXXXX    COUNSEL:  NONE

      XXXXXXXXXXXXXXXXX      HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 FEB 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was permanently retired  on  9 September
1993 rather than being discharged and placed  on  the  Temporary  Disability
Retired List (TDRL) on 19 July 1990.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
should reflect he was permanently retired on 9 September 1993.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 4 December 1980.  On 19  July
1990, he was  released  from  active  duty  and  placed  on  the  TDRL.   He
completed 9 years  1  month,  and  16  days  of  active  duty  service.   On
9 September 1993, he was removed from the TDRL and permanently retired  with
a 30 percent disability.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPD recommends denial.   DPPD  states  the  applicant’s  DD  Form  214
cannot be amended or changed to reflect he was medically retired on a  later
date since he was permanently retired after his DD Form 214 was issued.

According to DPPD, 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.  The order  becomes  a  permanent  part  of  his  military
personnel file, and can be attached to his DD Form 214 reflecting his  final
disposition.

DPPD states the applicant’s request to amend  or  change  his  DD  Form  214
would be in violation of Air Force Instructions and is not authorized.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

A copy of the Air Force evaluation was forwarded to the applicant on  7  Oct
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 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.  Evidence has  not  been  presented  which
would lead us to believe that his disability discharge,  placement  on  the
TDRL on 19 July 1990 and the final disposition of his case on  9  September
1993 were in error or contrary to the  governing  Air  Force  instructions,
which implement the  law.   Therefore,  we  agree  with  the  opinions  and
recommendations of the Air Force office of primary responsibility and adopt
its rationale as the basis for our conclusion that the  applicant  has  not
been the victim of an error or injustice.  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 this application  in Executive
Session on 16 November 2005, under the provisions of AFI 36-2603:


            Mr. Laurence M. Groner, Panel Chair
            Mr. Wallace F. Beard Jr., Member
            Mr. Terry L. Scott, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2005-02697  in  Executive  Session  on  16  November  2005,   under   the
provisions of AFI 36-2603::

      Exhibit A.  DD Form 149, dated 10 Aug 05.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPD, dated 30 Sep 05, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 05.




               LAURENCE M. GRONER
               Panel Chair



Similar Decisions

  • AF | BCMR | CY2005 | 2005-01416

    Original file (2005-01416.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01416 INDEX NUMBER: 145.00 XXXXXXXXXXXXXXX COUNSEL: Disabled American Vets XXXXXXXXXXXXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 DEC 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: The transcripts of his Physical Evaluation Board (PEB) be corrected to reflect that he did not receive treatment from a chiropractor...

  • AF | BCMR | CY2005 | BC-2005-01198

    Original file (BC-2005-01198.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY2007 | BC-2005-03051

    Original file (BC-2005-03051.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03051 INDEX CODE: 110.01 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Forty days of active service credit be added to his record to increase his total active service time to reflect 20 years of service, enabling him to receive regular retirement pay under concurrent receipt provisions. Time spent on...

  • AF | BCMR | CY2005 | BC-2005-01197

    Original file (BC-2005-01197.doc) Auto-classification: Denied

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

  • AF | BCMR | CY2005 | BC-2005-01161

    Original file (BC-2005-01161.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY2006 | BC-2005-01370

    Original file (BC-2005-01370.DOC) Auto-classification: Denied

    A complete copy of the DFAS-RPB-TQAL/CL evaluation, with attachment, is at Exhibit C. AFPC/DPPD recommended denial indicating the applicant’s DD Form 214 not be amended or changed reflect that she was medically retired on a later date since she was permanently retired after her DD Form 214 was issued. A complete copy of the AFPC/DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air...

  • AF | BCMR | CY2005 | BC-2004-03909

    Original file (BC-2004-03909.doc) Auto-classification: Denied

    At that time, he had completed 18 years, 10 months, and 5 days of active service. He remained on the TDRL until 11 July 1973, at which time he was permanently retired with a disability rating of 80%. However, after careful review of the available records, it appears that he has been credited with all active service creditable under the governing regulation and laws in effect at the time of his disability retirement.

  • AF | BCMR | CY2004 | BC-2004-01521

    Original file (BC-2004-01521.doc) Auto-classification: Denied

    The applicant’s EPRs prior to this referral report received the highest overall recommendation of “5.” An Informal Physical Evaluation Board (IPEB) convened on 7 Mar 97 and recommended the applicant be placed on the Temporary Disability Retirement List (TDRL) with a 30% rating for pain disorder associated with general medical condition, mechanical low back pain, definite industrial impairment. Since the applicant had previously held the higher grade of SRA from 26 Dec 94 to 19 Dec 96, his...

  • AF | BCMR | CY2000 | 0001873

    Original file (0001873.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief Medical Consultant, AFBCMR, reviewed this application and states that he is of the opinion that no change in the records is warranted and the application should be denied. We recognize that final disposition of a disability case is based on a “snapshot in time;” however, we believe that her cognitive disorder condition was of such a progressive nature that a true picture of her condition was...

  • AF | BCMR | CY2005 | BC-2004-03698

    Original file (BC-2004-03698.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03698 INDEX CODE: 110.01 COUNSEL: NONE HEARING DESIRED: YES Mandatory Case Completion Date: 7 Jun 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His date of separation be changed to reflect an effective date of 18 Feb 76, rather than 1 Sep 77. We took notice of the applicant's complete submission in judging the merits of the case;...