RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00948
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
He be issued the DD Form 2542, Certificate of Appreciation for
Service in the Armed Forces of the United States, and
AF Form 1344, Certificate of Appreciation (for Spouse of
Retiring Member) in recognition of his retirement from the Air
Force.
________________________________________________________________
APPLICANT CONTENDS THAT:
AFI 36-3203, Service Retirements, was changed to allow members
who were permanently retired due to physical disability to
receive the DD Form 2542 and AF Form 1344 in recognition of
their honorable service. In the past, the AFI required retiring
members, disability or otherwise, to attain 20 years of
honorable service to be issued these certificates.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, his retirement order, excerpts of AFI 36-3203, and an AFPC
public affairs article related to the matter under review.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he was
relieved from active duty on 16 Nov 07 and permanently
disability retired in the grade of technical sergeant (E-6),
effective 17 Nov 07. He was credited with 13 years, 5 months,
and 16 days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, indicating the preponderance of the
evidence reflects that no error or injustice occurred during the
disability process or at time of separation. AFI 36-3203 was
changed in 2009 to allow members permanently retiring for
physical disability to be eligible for retirement certificates/
congratulatory letters regardless of their years of active
service. Before this change took place, members were only
eligible to receive these certificates if they had attained at
least 20 years of active service. However, the applicant was
retired before this change went into effect and it is not
retroactive.
A complete copy of the 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
11 Jun 10 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
corrective action. We note the comments by AFPC/DPSD indicating
the applicant retired prior to the effective date of the policy
change in question. Nonetheless, we believe it is appropriate
to issue him the requested certificates, which he probably would
have earned were his service not cut short by his disability, as
an exception to policy in appreciation for his honorable service
to our nation. Therefore, we recommend his records be corrected
to the extent 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 he was, as
an exception to policy, issued a DD Form 2542, Certificate of
Appreciation for Service in the Armed Forces of the United
States, and an AF Form 1344, Certificate of Appreciation (for
Spouse of Retiring Member), in conjunction with his permanent
disability retirement on 17 November 2007.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00948 in Executive Session on 5 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 14 Apr 10.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.
Panel Chair
AF | BCMR | CY2004 | BC-2003-03223
On 30 September 1997, the applicant was relieved from active duty and on 1 October 1997, the applicant retired in the grade of technical sergeant under the provisions of AFI 36-3203 (Maximum Service or Time In Grade). The retirement certificate he provides reflects a retirement date of 1 October 1998 (a year after his retirement date of 1 October 1997). It appears that as a result of an administrative error, he was sent a DD Form 363AF (Certificate of Retirement) reflecting the retired...
AF | BCMR | CY2011 | BC-2010-02438
He receive service credit for the period following his medical retirement to the date of his return to active duty. The evidence of record indicates that he was medically qualified for continued active service at the time he was processed for an MEB. Had he known of the errors and injustices at the time of the MEB, he would not have agreed to the FPEB recommendation of medical retirement.
AF | BCMR | CY2011 | BC-2011-01911
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating, her record does not clearly reflect that she has significant and progressively worsening degenerative disc disease at the time of the original boards. The records states that she had progressively worsening muscle spasms and neck pain; there is clearly a difference between the two statements. She asks, Does not intermittent mean occurring in...
AF | BCMR | CY2011 | BC-2011-02259
The complete DPSD evaluation is at Exhibit C. The BCMR Medical Consultant recommends the administrative adjustment of the applicant's AF Form 356, Findings and Recommended Disposition of the USAF Physical Evaluation Board, to reflect his thyroid condition was considered by the IPEB, but with denial of its inclusion as an unfitting condition in the military disability rating computation; neither initially or at the time of his removal from the TDRL. The complete BCMR Medical Consultants...
AF | BCMR | CY2010 | BC-2010-00921
The applicant was discharged under the provisions of AFI 36- 3212, on 30 Jan 06, with a reason for separation of Disability EPTS, and issued an RE code of 2Q. They note, on his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, the applicants medical condition existed prior to service (EPTS), was not permanently aggravated through military service, and was incompatible with the rigors of military service. ...
AF | BCMR | CY2008 | BC-2008-00930
The DD Form 214 reflects the address provided by the applicant as his mailing address after his discharge or release from military service. The complete DPSOA evaluation is attached at Exhibit C. HQ AFPC/DPSD recommends denial of his request to change his narrative reason for separation from “temporary” to “permanent.” DPSD states the DD Form 214 verifies military service at the time of separation. ________________________________________________________________ THE BOARD RECOMMENDS: The...
AF | BCMR | CY2011 | BC-2011-00765
The remaining relevant facts pertaining to this application extracted from the applicants military personnel records are contained in the letter prepared by the appropriate Air Force offices of primary responsibility (Exhibit C and D). Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air...
AF | BCMR | CY2008 | BC-2007-00615
______________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the AFCM be denied. The complete AFPC/DPPPR evaluation is at Exhibit C. The AFBCMR Medical Consultant recommends the applicant’s records be changed to reflect she received a medical retirement with a 30 or 50 percent disability rating. The complete AFPC/DPSD complete evaluation is at Exhibit...
AF | BCMR | CY2009 | BC-2008-01816
The FPEB recommended permanent disability retirement with a 10% disability rating. The BCMR Medical Consultant’s complete evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: In response to the AFPC/DPSD evaluation, counsel responds that the applicant’s rating has to be based on the rating criteria, in other words, the DVA rating chart, rather than pulling a percentage of out thin air and applying it to...
AF | BCMR | CY2011 | BC-2010-03178
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03178 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His medical condition (migraine headaches) be rated by the Informal Physical Evaluation Board (IPEB) so his combined rating will reach 30 percent and entitle him to a permanent disability retirement. Further, it must be noted the service disability...