RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00322 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be reinstated to the Temporary Disability List (TDRL) and 
given an opportunity to have a final re-evaluation of his medical 
condition. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not miss any scheduled review examinations of which he was 
aware. He was not notified of periodic review examinations 
following placement on the TDRL. He was removed from the TDRL 
effective 8 September 2008 without the benefit of a final re-
evaluation of his medical condition. 

 

In support of his application, applicant provides a personal 
statement, letters from AFPC/DPSDD, a letter from the National 
Personnel Records Center, a copy of DD Form 214, Certificate of 
Release or Discharge from Active Duty, and a copy of DD Form 215, 
Correction to DD Form 214, Correction to DD Form 214, Certificate 
of Release or Discharge from Active Duty. 

 

Applicant's complete submission, with attachments, is at Exhibit 
A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 11 December 
1996 and was progressively promoted to the grade of sergeant. 

 

On 27 February 2003, the applicant's commander requested an 
overall fitness assessment due to the profile extensions that 
limited him only to desk duty because of abdominal pains. 

 

On 24 April 2003, a Medical Evaluation Board (MEB) determined the 
applicant had an incapacitating abdominal pain and referred his 
case to an Informal Physical Evaluation Board (IPEB). 

 

On 16 June 2003, an IPEB concluded the applicant had an unfitting 
condition (Undifferentiated Somatoform Disorder associated with 
abdominal pain) that prevents him from reasonably performing the 
duties of his office, grade, rank or rating. Since the condition 


has not yet stabilized, the IPEB found the applicant unfit and 
recommended he be placed on the TDRL with a rating of 30 percent. 
On 23 June 2003, the applicant signed and agreed with the 
findings of the evaluation board. 

 

On 25 June 2003, the Secretary of the Air Force Personnel Council 
directed the applicant be placed on the TDRL. 

 

On 9 September 2003, the applicant was placed on the TDRL. On 
3 October 2003, the applicant acknowledged and signed a statement 
regarding the responsibility of the TDRL program. In May 2005, 
the applicant was seen for his first re-evaluation. On 15 July 
2005, the IPEB retained him on the TDRL. On 21 August 2006, he 
was scheduled for a second re-evaluation; however, he was a no-
show for the appointment. Any attempts to contact the applicant 
met with negative response because his telephone had been 
disconnected. On 20 September 2006, the applicant's retired pay 
was suspended. On 17 September 2007, a letter was sent to the 
applicant's last known address to schedule his final TDRL re-
evaluation; however, it was returned undeliverable. On 
19 August 2008, the applicant's five-year removal review board 
was held and the IPEB recommended he be removed without benefits. 
On the same day, Special Order ACD-1881 was issued removing him 
from the TDRL without benefits effective 8 September 2008. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial of the applicant's request and states 
when a member is placed on the TDRL, they sign a statement of 
understanding that it is their responsibility to keep AFPC/DPSD 
advised of any address change. They followed proper procedures in 
trying to notify the applicant of his appointments. The applicant 
did not contact their office when his retirement pay was 
suspended for failure to meet the appointment in 2006. Even 
though the applicant states he changed addresses numerous times 
and notified Defense Enrollment Eligibility Reporting System 
(DEERS)of these changes, he did not notify their office until he 
received orders that he had been removed from the TDRL with 
benefits. 

 

The complete AFPC/DPSD evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

 

 

 

 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 


 

A copy of the Air Force evaluation was forwarded to applicant on 
24 April 2009 for review and response 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 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. After a 
thorough review of the evidence of record and the applicant's 
submission, we find no evidence of an error and are not persuaded 
by his assertions that he has been the victim of an injustice. 
The evidence of record shows the applicant was appropriately 
processed through the disability evaluation system at the time 
and it appears the final disposition of his case was proper and 
in accordance with the governing directives, which implement the 
law. He asserts that he was not notified by the proper agency in 
regards to his periodic reexamination; however, he does not 
provide sufficient evidence to substantiate this allegation. In 
this regard, we note the applicant acknowledged and signed a 
statement concerning his required responsibility to notify the 
appropriate office of any change in address while on the TDRL. 
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 in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of probable 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 Docket Number BC-
2009-00322 in Executive Session on 22 September 2009, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2009-00322 was considered: 

 

 Exhibit A. DD Form 149, dated 13 Jan 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 27 Feb 09. 

 Exhibit D. Letter, SAF/MRBR, dated 24 Apr 09. 

 

 

 

 

 

 Panel Chair