RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02880
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He receive [service] credit for five years on the Temporary
Disability Retired List (TDRL) and be promoted to the grade of
Brigadier General (BG), 0-7.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been notified of the Medical Evaluation Board
(MEB) proceedings; he was also unaware that a Physical
Evaluation Board (PEB) was conducted.
The Mississippi Air National Guard falsely accused him of flying
without waivers for medical problems and awaiting arrest for a
crime.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Mississippi Air National Guard in
the grade of Colonel (O-6) during the matter under review.
On 16 Oct 06, the applicant was relieved from active duty and
permanently retired for physical disability with a combined
compensable disability rating of 70 percent, effective 17 Oct
06.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility, which are attached at Exhibits C, D, and
E.
________________________________________________________________
AIR FORCE EVALUATION:
NGB-GO recommends denial of the applicants request for
advancement to the grade of O-7, indicating their office has no
record of him having been nominated for, or meeting, a General
Officer Federal Recognition Board (GOFRB) to serve in said
grade.
A complete copy of the NGB-GO evaluation is at Exhibit C.
NGB/A1PS recommends denial, indicating the applicant has not
provided adequate supporting documentation to support his
request. Therefore, his request should be forwarded to
AFPC/DPFDD for their recommendation.
A complete copy of the NGB/A1PS evaluation is at Exhibit D.
AFPC/DPFD recommends denial, indicating, there is no evidence of
an error or injustice with respect to the applicants disability
processing. The applicants request for more active service
time is not warranted. Time spent of the TDRL does not count
toward active service; it constitutes retired time.
Furthermore, the evidence of record indicates the applicant was
never on the TDRL, but was permanently retired for physical
disability. On 25 May 07 [sic], the Informal Physical
Evaluation Board (IPEB) recommended the applicant be permanently
retired with a combined disability rating of 60 percent. On
9 Jun 06, the applicant appealed the IPEB determination and
requested a formal hearing with counsel. On 3 Aug 06, the
Formal Physical Evaluation Board (FPEB) reviewed the case file
and awarded the applicant a combined compensable disability
rating of 70 percent. His conditions were considered Combat
Related. On 3 Aug 06, he non-concurred with the FPEB but
elected not to submit a rebuttal for review by the Secretary of
the Air Force Personnel Council. On 15 Aug 06, he was issued
his retirement order with a 17 Oct 06 effective retirement date.
A complete copy of the AFPC/DPFD evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 17 Feb 13 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit F).
________________________________________________________________
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. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of AFPC/DPFD and NGB-GO and adopt their
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Other than his own
uncorroborated assertions, the applicant has provided no
evidence that would convince us he has 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 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-2012-02880 in Executive Session on 2 Apr 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jun 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB-GO, dated 5 Dec 12.
Exhibit D. Letter, NGB/A1PS, dated 13 Dec 12.
Exhibit E. Letter, AFPC/DPFD, dated 16 Jan 13.
Exhibit F. Letter, SAF/MRBR, dated 17 Feb 13.
Panel Chair
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