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
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