RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00707
INDEX CODE: 108.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The DD Form 214, Certificate of Release or Discharge From Active Duty,
of his deceased spouse and former Air Force member, be changed to show
she was removed from the Temporary Disability Retired List (TDRL) and
was permanently retired with a separation code of SFJ.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The decedent went through two medical boards at Lackland AFB, TX with
her final disposition to be transferred from the TDRL to the Permanent
Disability Retired List (PDRL). The applicant noticed his deceased
spouse’s DD Form 214 had never been updated to reflect her move from
the TDRL to the PDRL.
In support of his appeal, the applicant has provided copies of her
retirement paperwork, her DD Form 214 and her death certificate.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent began her military career on 19 October 1983. She was
progressively promoted to the grade of master sergeant with a date of
rank (DOR) of 1 June 1999. On 9 November 2000, she was released from
active duty and placed on the TDRL due to a physical disability under
the provisions of Title 10, United States Code (U.S.C.) 1202. She
remained on the TDRL until 6 November 2003, at which time she was
removed from the TDRL and permanently retired with a 40% disability.
She had served for 17 years and 20 days at the time of her retirement.
She died on 8 January 2007.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the member’s DD Form 214
cannot be amended or changed to reflect that she was discharged at a
later date. Upon removal from the TDRL a new DD Form 214 is not
issued. Rather, the member receives a special order indicating their
final status. That special order becomes a permanent part of the
military personnel file and can be attached to the DD Form 214
reflecting final disposition.
DPPD’s 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
13 April 2007 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 timely filed.
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. By regulation, upon removal from the TDRL for the
purpose of separation, a new DD Form 214 is not issued and the member
receives a special order indicating their final status. That special
order becomes a permanent part of the military personnel file and can
be attached to the DD Form 214 reflecting final disposition.
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 AFBCMR Docket Number BC-
2007-00707 in Executive Session on 14 June 2007, under the provisions
of AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Ms. Glenda H. Scheiner, Member
Mr. Michael F. McGhee, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Feb 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 13 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 13 Apr 07.
JAMES W. RUSSELL, III
Panel Chair
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