RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01010
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her DD Form 214, Certificate of Release or Discharge from
Active Duty, be corrected to show she was medically retired under
honorable conditions.
2. She receive lump-sum severance pay as stated on her AF Form
2654, Retirement Special Order-Removal from TDRL.
3. She receive a retired military (blue) identification card
allowing her the use of military base privileges.
4. She receive discharge travel pay to her home of record (HOR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She suffers from bi-polar disorder and she is unable to conduct
her own affairs properly. Her spouse reviewed her records and
found discrepancies that led to her requests.
In support of her appeal, the applicant provides copies of her
DD Form 214 and AF Form 2654.
Applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant began her military service in December 1978. She was
progressively promoted to the grade of sergeant effective and with
a date of rank (DOR) of 1 Aug 81. She had been diagnosed with
Dysthymia, by history, with mild social and industrial impairment.
Other diagnoses considered but not ratable included cervical
carcinoma in situ, status post total abdominal hysterectomy in
Feb 76, with bilateral salpingo-oophorectomy in Aug 81, and
hypogonadism on replacement therapy; neck pain secondary to an
Aug 87 motor vehicle accident. Tension headaches and exogenous
obesity. On 4 Aug 88, she was released from active duty and her
name was placed on the Temporary Disability Retired List (TDRL)
effective 5 Aug 88. Her name remained on the TDRL until 17 Dec
89, when, after a review of her condition, she was found to remain
physically unfit for continued military service. The medical
evaluation noted compliance with mandatory weight standards were
projected to interfere with her successful functioning. Her
social and industrial impairment was noted to be mild. Summary
notes of the evaluation included
the possibility of the presence
of an unspecified substance abuse and exaggeration of responses
perhaps for secondary gain and borderline, narcissistic,
histrionic, and passive-aggressive personality features.
Her recommended disposition was to be discharged with disability
severance pay (DSP) based on a 10 percent compensable rating for
Dysthymia, by history, with mild social and industrial impairment.
On 7 Dec 89, she was notified of the impending removal of her name
from the TDRL and consequent discharge to be effective 17 Dec 89.
The letter informed her that her retired pay would cease on her
discharge date, that she was entitled to DSP, and that all
military identification cards issued to her and her dependents
would be void and had to be returned to the Air Force.
She had served nine years, eight months and four days of active
service prior to her temporary retirement. Therefore, she was
entitled to DSP as a sergeant.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-JFEAA/IN states, based on the evidence provided, the
applicant is clearly entitled to DSP and recommends she receive a
gross amount of $20,796.00 (two times basic pay times number of
years served).
DFASs 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 15 May 09 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 with respect to
the applicants requests for correction of her DD Form 214; that
she receive a retired (Blue) ID card; and, that she receive
discharge travel pay to her HOR. We took notice of the
applicant's complete submission in judging the merits of the case
and consequently found the following: Her DD Form 214 is correct
as it documents only active duty service. The time she spent on
the TDRL is not considered active duty service and is therefore
documented on a special order issued at discharge which she
received as evidenced by its inclusion as part of her application.
Her request for a military ID card indicating she was retired from
the military is without basis as she was discharged with severance
pay and not, in fact, retired. Her request for discharge travel
pay was denied by the Board as no evidence was presented to show
she had been denied or was actually entitled to travel pay of any
sort.
4. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice with respect to the
applicants request for DSP. In this regard, 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 the applicant was entitled to DSP but never received
it. Therefore, we recommend the records be corrected as indicated
below.
______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that at the time of the
removal of her name from the Temporary Disability Retired List
(TDRL) on 17 December 1989, she was entitled to Disability
Severance Pay (DSP) in the amount of $20,796.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2009-01010 in Executive Session on 1 December 2009, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence with regard to AFBCMR Docket Number
BC-2009-01010 was considered:
Exhibit A. DD Form 149, dated 12 Mar 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-JFEAA/IN, undated, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 15 May 09.
Panel Chair
AFBCMR BC-2009-01010
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force relating to
APPLICANT be corrected to show that at the time of the removal of her name from the
Temporary Disability Retired List (TDRL) on 17 December 1989, she was entitled to Disability
Severance Pay (DSP) in the amount of $20,796.
Director
Air Force Review Boards Agency
AF | BCMR | CY2009 | BC-2009-01010
_________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFEAA/IN states, based on the evidence provided, the applicant is clearly entitled to DSP and recommends she receive a gross amount of $20,796.00 (two times basic pay times number of years served). DFASs complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded...
AF | BCMR | CY2009 | BC-2009-01037
The Medical Evaluation Board (MEB) found both her military and social impairment to be rated as considerable. Thus, the MEB placed her on the TDRL with a 30 percent disability rating. However, after she was reevaluated, the IPEB found the applicants medical condition had improved and recommended she be removed from the TDRL and separated with a 10 percent disability rating with severance pay. The Medical Consultants complete evaluation is at Exhibit...
AF | BCMR | CY2009 | BC 2009 01037
The Medical Evaluation Board (MEB) found both her military and social impairment to be rated as considerable. Thus, the MEB placed her on the TDRL with a 30 percent disability rating. However, after she was reevaluated, the IPEB found the applicants medical condition had improved and recommended she be removed from the TDRL and separated with a 10 percent disability rating with severance pay. The Medical Consultants complete evaluation is at Exhibit...
AF | BCMR | CY2009 | BC 2009 01037 1
The Medical Evaluation Board (MEB) found both her military and social impairment to be rated as considerable. Thus, the MEB placed her on the TDRL with a 30 percent disability rating. However, after she was reevaluated, the IPEB found the applicants medical condition had improved and recommended she be removed from the TDRL and separated with a 10 percent disability rating with severance pay. The Medical Consultants complete evaluation is at Exhibit...
AF | BCMR | CY2009 | BC-2009-01037-1
The Medical Evaluation Board (MEB) found both her military and social impairment to be rated as considerable. Thus, the MEB placed her on the TDRL with a 30 percent disability rating. However, after she was reevaluated, the IPEB found the applicants medical condition had improved and recommended she be removed from the TDRL and separated with a 10 percent disability rating with severance pay. The Medical Consultants complete evaluation is at Exhibit...
AF | BCMR | CY2005 | BC-2001-00295
The applicant’s rebuttal, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, General Law Division, HQ USAF/JAG, noted that Section 2005 provides for recoupment if a member fails to complete the ADSC voluntarily or due to misconduct. On 14 Aug 01, DFAS-POCC/DE advised the applicant that, based on her placement on the TDRL, it was inappropriate at this time to recoup monies which might not be owed if...
He elected retired pay based on the ten percent disability rating; thus, his former spouse received no disposable retired pay. After reviewing all of the evidence, the Formal PEB found the applicant physically unfit for military service and recommended temporary retirement with a compensable rating of 80 percent for the diagnoses of: (1) Primary degenerative dementia with severe impairment of social and industrial adaptability; (2) Reactive airway disease exacerbated by chronic sinusitis;...
AF | BCMR | CY2004 | BC-2003-02671
She was granted a 60% evaluation because of her appeal but she is 100% disabled and unable to obtain employment. The Medical Consultant states a review of her service medical records show that at the time of permanent disability disposition, formal psychometric testing indicated her cognitive disorder produced a "considerable" Social and Industrial Adaptability Impairment that correlates with a 50% rating in the Veterans Administration Schedule for Rating Disabilities (VASRD). The Medical...
AF | BCMR | CY2011 | BC-2011-02331
The BCMR Medical Consultant states that had the applicant been diagnosed with PTSD, instead of Specific Phobia, at the time of release from military service, then specific guidance within the rating schedule in the DVA would have been applicable in her case, which reads: When a stressful event is severe enough to bring about the veterans release from active military service, a disability rating of no less than 50 percent will be assigned, followed by the scheduling of an evaluation within...
AF | BCMR | CY2010 | BC-2010-00509
If she were permanently retired she could receive proper medical care without delay by health care providers who specialize in her disorder. ___________________________________________________________________ AIR FORCE EVALUATION: BCMR Medical Consultant recommends granting the applicant a permanent retirement with a 30 percent disability rating. The BCMR Medical Consultants complete evaluation, with attachments, is at Exhibit...