RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01370
INDEX CODE: 136.01
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 Oct 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect she retired on 10 May 94 rather
than 25 Jan 94.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She has 19 years, 8 months, and 16 days of active service. During her
career, she was advised that if she had over 19 years and 6 months,
she would automatically qualify for a 20-year retirement. She needs
20 years of active service to qualify for Concurrent Retirement and
Disability Pay (CRDP).
In support of her appeal, the applicant provided a DD Form 293,
Application for the Review of Discharge from the Armed Forces of the
United States, and a letter from her congressman.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 10 May 74. On 25 Jan
94, she was relieved from active duty and her name was placed on the
Temporary Disability Retired List (TDRL) in the grade of technical
sergeant, with a compensable disability rating of 100 percent.
On 29 May 95, the applicant’s name was removed from the TDRL and she
was permanently retired by reason of physical disability, with a
compensable disability rating of 100 percent. She was credited with
19 years, 8 months, and 16 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-RPB-TQAL/CL indicated that in order to meet the qualifications
for the CRDP, the applicant must have served 20 years of active
service. The determination of creditable service must be made by the
Air Force Personnel Center (AFPC). If it is determined she should be
credited with the additional service, they will pay her the CRDP.
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. When the applicant’s name was removed from the TDRL, a new DD-
214 was not issued. Rather, she received a special order indicating
her final status. The order became a permanent part of her military
personnel file, and could be attached to her DD 214 reflecting her
final disposition. According to AFPC/DPPD, the applicant request to
amend or change her DD Form 214 would be in violation of Air Force
Instructions and is not authorized.
A complete copy of the AFPC/DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 10
Jun 05 for review and response. As of this date, no response has been
received by this office (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice warranting corrective action. The
applicant's complete submission was thoroughly reviewed and her
contentions were duly noted. However, the majority of the Board does
not find the applicant’s assertions or her supporting documentation
sufficiently persuasive to override the rationale provided by the Air
Force offices of primary responsibility (OPRs). Therefore, in the
absence of sufficient evidence the applicant’s retirement date was
erroneous, or she was treated differently from others similarly
situated, the majority agrees with the recommendation of the OPRs and
adopts the rationale presented as the basis for its decision that the
applicant has failed to sustain her burden of establishing she has
suffered either an error or an injustice. Accordingly, the majority
finds no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2005-01370 in Executive Session on 14 Jul 05, under the provisions of
AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Martha A. Maust, Member
Ms. Sharon B. Seymour, Member
By a majority vote, the Board voted to deny the application.
Ms. Maust voted to grant the appeal but did not desire to submit a
minority report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-RPB-TQAL/CL, dated 24 May 05,
w/atch.
Exhibit D. Letter, AFPC/DPPD, dated 7 Jun 05.
Exhibit E. Letter, SAF/MRBR, dated 10 Jun 05.
KATHLEEN F. GRAHAM
Panel Chair
AFBCMR BC-2005-01370
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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