RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00933
INDEX CODE: 110.01
XXXXXXX . COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 SEPTEMBER 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His date of separation (DOS) be adjusted to show he completed twenty years
of satisfactory service with the Air National Guard (ANG).
________________________________________________________________
APPLICANT CONTENDS THAT:
When he retired from the ANG he was suffering from a major depressive
disorder and was advised to accept a medical retirement even though he was
only a few months shy of twenty years. He was also experiencing personal
problems and his unit felt it was in the best interest of the Air Force as
well as himself to start his retirement right away. He recently received a
letter discussing his possible entitlements to regular and medical
retirement benefits. Unfortunately, not having the full twenty years is
preventing him from receiving the benefits.
In support of his request, the applicant provided excerpts from his medical
records.
The complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 9 Apr 84. On 30 August 1997,
he was released from active service and placed on the Temporary Disability
Retired List (TDRL) due to a physical disability. He remained on the TDRL
until 9 February 1999, at which time he was removed from the TDRL and
permanently retired with a 30 percent disability rating.
He served a total of 11 years, 8 months and 21 days on active duty. He
completed 19 years, 6 months and 10 days of satisfactory service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant is seeking to have
his service dates changed in order to qualify for the Concurrent Receipt
Disability (CRDP) Program. To be eligible, members are required to have
twenty or more years of active service or twenty good satisfactory years.
At no time during the discharge process did the applicant request an
extension to his date of separation. Two months and twenty days would have
given him twenty good years of satisfactory service and allowed him to
apply for the CRDP at age 60. DPPD states the preponderance of evidence
reflects no error or injustice occurred during the disability process or at
the time of separation.
The complete DPPD 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 May
2007 for review and comment within 30 days. As of this date, this office
has received no response (Exhibit D).
________________________________________________________________
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 an error or injustice. After careful consideration of the
available evidence, the Board did not find that an error or injustice
occurred during the disability process or at the time of his separation.
Therefore, the Board agrees with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale as the basis
for their conclusion that the applicant has not been the victim of an error
or injustice.
________________________________________________________________
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 BC-2007-00933 in Executive
Session on 13 June 2007, under the provisions of AFI 36-2603:
Mr. Michael V. Barbino, Panel Chair
Ms. Renee M. Collier, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 March 2007.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPPD Letter, dated 18 April 2007.
Exhibit E. Letter, SAF/MRBR, dated 4 May 2007.
MICHAEL V. BARBINO
Panel Chair
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