RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03105
INDEX NUMBER: 108.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 11 Apr 07
______________________________________________________________
APPLICANT REQUESTS THAT:
His total active service as indicated in Block 22 on his DD Form 214
be changed from 3 years, 5 months, 1 day to 4 years, 11 months, 12
days.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The statement of service on his DD Form 214 only addressed the time he
was on the Temporary Disability Retired List (TDRL) and not his total
time attached to the Air Force.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 8 Nov 67. On 12
Mar 71 a Medical Evaluation Board (MEB) diagnosed the applicant with
electrical burns to the scalp and right distal foreleg resulting in
chronic intermittent headaches and insomnia. The applicant was
referred to a Physical Evaluation Board (PEB) for further evaluation.
A PEB convened on 16 Mar 71 and diagnosed the applicant with severe
burns of the scalp, treated with multiple surgical procedures. The
PEB determined the condition not to be permanent and recommended the
applicant be placed on the TDRL. The applicant concurred with the
recommendation and was placed on the TDRL effective 9 Apr 71. At the
time the applicant entered the TDRL, he had 3 years, 5 months, and 1
day of total active service. After the required periodic medical
evaluation while on the TDRL, a PEB recommended the applicant be
discharged with severance pay. The applicant concurred with the
recommendation. The Secretary of the Air Force Personnel Council
approved the applicant’s removal from the TDRL effective 20 Oct 72.
The applicant was discharged on 20 Oct 72. At the time of his
discharge, the applicant was paid severance pay based on 3 years, 5
months, and 1 day of active service. The applicant’s total years of
service for basic pay was 4 years, 11 months, and 13 days.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of the applicant’s request. The applicant
was released from active service and placed on the TDRL effective 9
Apr 71. He was issued a DD Form 214 at that time. The DD Form 214
only shows 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.
The complete evaluation is at Exhibit C.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4
Nov 05 for review and comment within 30 days. To date, a response has
not been received.
______________________________________________________________
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, we agree with the opinion and recommendation 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. 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-
03105 in Executive Session on 7 December 2005, under the provisions of
AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Terry L. Scott, Member
Mr. Michael J. Maglio, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPD, dated 25 Oct 05,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 4 Nov 05.
KATHY L. BOOCKHOLDT
Panel Chair
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