RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00394
INDEX CODE: 110.01
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 12 AUGUST 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he served 20 years of service rather
than 17 years, 5 months and 4 days.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his accident, he had approximately 17 ½ years of service.
His accident occurred while he was TDY to another country. He wanted to
fulfill his entire 20 years of service but he had no choice except to
retire on Oct 5, 1988.
In support of the application, the applicant submits a statement from his
daughter and a letter regarding his CRSC eligibility status.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s continuous active military service date is 21 Apr 71. He
was released from active duty and placed on the Temporary Disability
Retirement List (TDRL) on 4 Oct 88. He had served 17 years, 5 months and
14 days on active duty. His characterization of service is listed as
honorable. A Special Order was issued indicating he was removed from the
TDRL and permanently retired on 15 Sep 91.
The applicant does not have a VA rating.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends denial. DPPD states the applicant’s medical board
was referred to the Informal Physical Disability Board (IPEB) on 18 Aug
1988. The IPEB recommended placement on the TDRL with a 100 percent
disability rating. Applicant had his TDRL re-evaluation exam in July 1991.
On 5 Sep 91, the IPED recommended permanent retirement with a 100 percent
disability rating.
DPPD states when a member is removed from the TDRL, a new DD Form 214 is
not issued but the member receives a Special Order which indicates their
final status. The order becomes a permanent part of the military personnel
file and can be attached to the DD 214 reflecting final disposition.
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 13 Apr
07 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 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 the 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 AFBCMR BC-2007-00394 in
Executive Session on 5 June 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Marcia Jane Bachman, Member
Ms. Mary C. Puckett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ FPC/DPPD, dated 15 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 13 Apr 07.
THOMAS S. MARKIEWICZ
Chair
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