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AF | BCMR | CY2009 | BC-2009-01010
Original file (BC-2009-01010.txt) Auto-classification: Approved
 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. 

 

Applicant’s 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). 

 

DFAS’s 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 applicant’s 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 
applicant’s 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 

 

 

 

 

 



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