RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03494
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be retained on the Temporary Disability Retired List (TDRL)
with a 30 percent disability rating rather than removed from the
TDRL and discharged with severance pay at a 10 percent disability
rating.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was not aware a final decision was being made regarding her
medical condition and placement on the TDRL. She was out of the
country when the letter arrived and did not have a chance to
dispute the boards decision to take her off the TDRL. She would
like a chance to submit a written rebuttal to the Secretary of
the Air Force. Seeing a doctor has helped her and she would not
willingly have jeopardized her chances of receiving care. If she
knew a formal decision was being made, she would not have left
the country.
In support of his request, the applicant provides a copy of her
special order and a copy of a letter from AFPC/DPSDD.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 4 Jan 05 and
was progressively promoted to the grade of senior airman (E-4),
having assumed that grade effective and with a date of rank of
4 Jan 08.
An Informal Physical Evaluation Board (IPEB) convened on 2 Dec 08
and diagnosed her with major depressive disorder (MDD), existed
prior to service, but aggravated by military service. The IPEB
found her unfit for duty and recommended her to be temporarily
retired with a combined compensable rating of 30 percent. On
14 Jan 09, the applicant was placed on the TDRL with an effective
date of retirement of 24 Feb 09. The applicant underwent her
first TDRL re-evaluation on 10 May 10. The IPEB reviewed her
case with the new narrative dated 19 Jul 10and recommended
removal from the TDRL and be discharged with severance pay.
Additional relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force. Accordingly, there is no need to recite these facts
in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the applicant was
notified by mail of the IPEBs recommended findings with
instructions to return her election to agree or disagree with the
findings. The package was sent to her address in Eugene, Oregon.
The letter stated that she must return her election to their
office by 14 Aug 10, and if DPSD did not receive a signed reply
by the suspense date, they would understand that she agreed with
the findings. She was removed from the TDRL effective 29 Sep 10
with severance pay.
The DPSD complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 8 Apr 11 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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. 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 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. 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 that the evidence presented did not
demonstrate the existence of 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 AFBCMR Docket
Number BC-2010-03494 in Executive Session on 9 Aug 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 25 Jan 11.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11.
Panel Chair
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