RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00733 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His DD Form 214, Certificate of Release or Discharge from 
Active Duty, be corrected to reflect that: 

 

 a. He was permanently retired with a 30 percent 
compensable disability rating, rather than transferred to the 
temporary disability retired list (TDRL) with a 50 percent 
compensable disability rating. 

 

 b. He was retired in the grade of lieutenant colonel (O-
5), instead of major (O-4). 

 

2. He be provided documentation pertaining to his selection for 
promotion to the grade of lieutenant colonel (administratively 
resolved). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His DD Form 214 reflects he was transferred to the TDRL with a 
50 percent disability rating; however, it should reflect his 
subsequent removal from the TDRL and permanent retirement with a 
30 percent disability rating. Also, he should have been retired 
in the grade of lieutenant colonel as he was selected for 
promotion to the requested grade prior to this transfer to the 
TDRL. 

 

In support of his request, the applicant provides copies of his 
AFMPC Forms 134, Retirement Order. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

 

 

 

 


 

STATEMENT OF FACTS: 

 

The applicant served in the Air Force in the grade of major (O-
4), effective and with a date of rank of 13 Aug 72. On 21 Jun 
77, he was transferred to the TDRL with a 50 percent compensable 
disability rating. On 31 Dec 78, he was permanently retired for 
physical disability, with a 30 percent compensable disability 
rating. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force which are attached at Exhibits C and D. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOO makes no recommendation, but defers to the Disability 
Operations Section in determining the applicant’s retired grade. 
The applicant met and was selected for promotion to lieutenant 
colonel by the calendar year 1976 (CY76) Temporary Lieutenant 
Colonel Promotion Board. The list was confirmed by the Senate 
on 26 Jan 77. A review of the sequence roster from the board 
reveals that his promotion was withheld on 23 Feb 77. There is 
no documentation to indicate he was recommended for promotion or 
the withhold action was terminated prior to his separation. Had 
the action been terminated, he would have been promoted on 1 Mar 
77. He was transferred to the TDRL on 1 Jun 77. 

 

A complete copy of the AFPC/DPSOO evaluation is at Exhibit C. 

 

AFPC/DPSD defers to the Board to determine if there was an error 
or injustice with respect to the applicant’s retired grade. 
There is no documentation in his records indicating the withhold 
action was terminated prior to his separation. As such, his 
DD Form 214 correctly reflects “Major (P)” as the rank the 
applicant held on active duty at the time of his separation. 
However, Title 10, United States Code (USC), Section 1372 
states, “…any member whose name is placed on the temporary 
disability retired list under section 1202 or 1205, is entitled 
to the grade equivalent to the highest of the following:…(4) The 
temporary grade to which he would have been promoted had it not 
been for the physical disability for which he was retired.” As 
for his request related to correcting his DD Form 214 to 
indicate he was ultimately permanently retired with a 30 percent 
disability rating, there is no evidence of an error or 
injustice. The applicant was released from active service and 
placed on the TDRL on 21 Jun 77 for acute schizophrenic episode, 
with a definite impairment of social and industrial 
adaptability, with a disability rating of 50 percent. He had 
his first mandatory TDRL re-evaluation on 19 Jul 78 and the 
Informal Physical Evaluation Board (IPEB) recommended his 
removal from the TDRL and permanent retirement with a disability 


rating of 30 percent. He was removed from the TDRL and 
permanently retired on 31 Dec 78 and was credited with 18 years, 
10 months, and 8 days of total active service. He received a DD 
Form 214 when he was placed on the TDRL. When a member is 
removed from the TDRL, a new DD Form 214 is not issued. 
Instead, a new order is published indicating the final status 
and becomes a permanent part of the military personnel record 
which can be attached to the DD Form 214 to reflect the final 
disposition of permanent retirement. 

A complete copy of the AFPC/DPSD evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 14 Jan 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit E). 

 

________________________________________________________________ 

 

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. In regards 
to the applicant’s request to correct his DD Form 214 to reflect 
his permanent disability retirement with a combined disability 
rating of 30 percent, we note that a DD Form 214 documents only 
periods of active duty service. In addition, periods on the 
TDRL are not considered active service. As such, issuance of a 
DD Form 214 when an individual is removed from the TDRL and 
permanently retired is not authorized. Instead, the new 
retirement order is published indicating the final status and 
becomes a permanent part of the military personnel record which 
can be attached to the DD Form 214 to reflect the final 
disposition of permanent retirement. In regards to his request 
that his record be corrected to reflect he was retired in the 
grade of lieutenant colonel, we are not convinced by the 
evidence presented that he was the victim of a error or 
injustice. While the evidence of record indicates he was 
selected for promotion to the temporary grade of lieutenant 
colonel prior to being transferred to the Temporary Disability 
Retired List (TDRL), and 10 USC 1372 provides that any member 
placed on the TDRL is entitled to the temporary grade to which 
he would have been promoted had it not been for the physical 
disability for which he was retired, the applicant has provided 
no evidence which would lead us to believe the underlying basis 


for the action to withhold his promotion was somehow 
insufficient, was withdrawn, or that his commanders abused their 
discretionary authority. We note there is no documentation in 
the record describing the circumstances surrounding the withhold 
action; however, based on the presumption of regularity in the 
conduct of governmental affairs, we must assume the withhold 
action was proper and carried out in compliance with the 
directive under which it was effected. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2010-00733 in Executive Session on 14 Jul 11, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-00733 was considered: 

 

 Exhibit A. DD Form 149, dated 18 Feb 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOO, dated 9 Dec 10. 

 Exhibit D. Letter, AFPC/DPSD, dated 17 Dec 10. 

 Exhibit E. Letter, SAF/MRBR, dated 14 Jan 11. 

 

 

 

 

 

 Panel Chair