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AF | BCMR | CY2008 | BC-2007-03035
Original file (BC-2007-03035.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03035
            INDEX CODE:  108.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
reflect that he was discharged on 13 August 1999 when he was  released  from
the temporary disability retired list (TDRL), rather than 28 October 1997.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not issued a DD Form 214 that reflects he  was  discharged  from  the
TDRL on 13 August 1999.

In support of his request, the applicant  provided  documentation  extracted
from his military personnel record.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

A Medical Evaluation Board (MEB) convened on 9 April 1997 and  referred  his
case to an Informal Physical Evaluation Board (IPEB)  with  a  diagnosis  of
delusional disorder, persecutory type with definite  social  and  industrial
adaptability impairment.  His case was referred  to  the  Informal  Physical
Evaluation Board (IPEB).  On 19 August 1997, the IPEB found  him  unfit  for
further military service based on a diagnosis of delusional  disorder.   The
IPEB recommended that he be placed on the TDRL with a compensable rating  of
30%.  On 29 October 1997, he was placed on the TDRL.  The  applicant  agreed
with the findings and recommended disposition of the  IPEB.   On  13  August
1999, he was removed from the TDRL and discharged with severance pay with  a
zero percent disability rating.  He served 15 years and 9 months  on  active
duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSDD recommends denial.  DPSDD states the purpose of the DD  Form  214
is to show a member’s active duty time.  Time  spent  on  the  TDRL  is  not
active duty time.  When the 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.  His request to amend or change his DD Form  214  would  be  in
violation of Air Force Instructions and  is  not  authorized.   AFPC/DPSDD’s
complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 November 2007, 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.   After  thoroughly  reviewing  the
evidence of record and  noting  the  applicant’s  contentions,  we  are  not
persuaded that his DD Form 214 is in error.   The  DD  Form  214  accurately
reflects his release from active duty and temporary  disability  retirement.
In accordance with established procedures, when  members  are  removed  from
the TDRL a new DD Form 214 is not issued because the DD  Form  214  reflects
only periods of active duty time.  While on  the  TDRL,  members  are  in  a
retired  status.   Special  orders  are  issued  at  the   time   of   final
disposition.  In the applicant’s case, a special  order  was  issued  on  23
July 1999, reflecting his removal from the TDRL and discharge by  reason  of
physical disability  with  entitlement  to  disability  severance  pay.   We
suggest that the applicant keep this special order with  his  DD  Form  214.
Therefore, 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.

_________________________________________________________________
THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or 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-2007-
03035 in Executive Session on 10 January 2008, under the provisions  of  AFI
36-2603:

                 Mr. James W. Russell, III, Panel Chair
                 Mr. Mark J. Novitski, Member
                 Mrs. Lea Gallogly, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSDD, dated 22 October 2007.
   Exhibit D.  Letter, SAF/MRBR, dated 30 November 2007.





                       JAMES W. RUSSELL, III
                       Panel Chair

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