RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02082
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 JAN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, be amended in block
9a, type of separation, to read discharge rather than retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was placed on the Temporary Disability Retired List (TDRL) on 26 June
1978 and removed on 7 April 1981. He states he has not received a monthly
Air Force retirement check since he was discharged.
In support of his request, the applicant provided documents extracted from
his military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
A Medical Evaluation Board (MEB) convened on 16 May 1978 and referred his
case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of
schizophrenia, paranoid type, chronic, moderate; social and industrial
adaptation impairment. On 26 June 1978, he was placed on the TDRL. On
4 February 1981, the IPEB found him unfit for further military service
based on a diagnosis of schizophrenia. The IPEB recommended that he be
discharged with a compensable rating of 10%. The applicant agreed with the
findings and recommended disposition of the IPEB. On 7 April 1981, he was
removed from the TDRL and discharged in accordance with special order
number AC-5057. He served 8 years, 4 months, and 6 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states 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. To amend
or change his DD Form 214 would be in violation of Air Force Instructions.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 August 2006, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). 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 an error or injustice. Evidence has not been presented which
would lead us to believe that the regulations in effect at the time were
not appropriately applied or that he was treated differently than others in
similar situations. Accordingly, 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. 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 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-2006-
02082 in Executive Session on 13 September 2006, under the provisions of
AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Gary G. Sauner, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Jul 06.
Exhibit D. Letter, SAF/MRBR, dated 11 Aug 06.
MICHAEL J. MAGLIO
Panel Chair
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