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AF | BCMR | CY2012 | BC-2012-04435
Original file (BC-2012-04435.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04435 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His date of separation be adjusted to reflect he completed 
twenty years of total active duty. 

 

2. His narrative reason for separation be changed to reflect 
permanent disability retirement. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was removed from the Temporary Disability Retired List (TDRL) 
effective 19 May 2009, and permanently retired. Therefore, his 
date of retirement should be 19 May 2009. This error prevents 
him from receiving Concurrent Receipt Disability Pay (CRDP). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 26 October 2005, an Informal Physical Evaluation Board (IPEB) 
determined the applicant was unfit to reasonably perform the 
duties of his office, grade, rank, and rating due to his 
diagnosis of Sarcoidosis with associated Neurosarcoidosis, 
Parasthesias, Diplopia, and Headache. The IPEB recommended he be 
placed on the TDRL with a compensable disability rating of 60 
percent. The applicant concurred with the IPEB findings and 
recommendation and waived his right to a Formal Physical 
Evaluation Board (FPEB). The Secretary of the Air Force (SecAF) 
approved the IPEB recommendation and directed the applicant be 
placed on the TDRL. As a result, the applicant was retired 
effective 9 December 2005, in the grade of technical sergeant, 
after serving 18 years and 5 months on active duty. 

 

A TDRL reevaluation, dated 20 February 2009, indicates the IPEB 
found that although the applicant’s condition had improved, it 
appeared to have stabilized and would not likely change over the 
next several years. As a result, the IPEB recommended the 
applicant be permanently retired with a compensable disability 
rating of 30 percent. The applicant initially non-concurred with 
the IPEB findings and recommendation and requested an FPEB. 


However, after consulting with counsel, the applicant waived his 
right to an FPEB and concurred with the IPEB indicating it was in 
his best interest to accept the findings and recommended 
disposition. The Secretary of the Air Force approved the 
recommended disposition and directed the applicant be removed 
from the TDRL and permanently retired under the provisions of 
Title 10, United States Code, Section 1201, effective 19 May 
2009. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the Air Force office of 
primary responsibility at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPFD recommends denial as time spent on the TDRL does not 
count toward active duty time. The applicant served 18 years and 
5 months on active duty; therefore, he does not have the required 
20 years of active duty in order to apply for CRDP. 

 

The preponderance of evidence reflects that no error or injustice 
occurred during the disability processing or at the time of 
separation. 

 

The complete DPFD evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the evaluation by the Air Force office of primary 
responsibility was forwarded to the applicant on 30 October 2012 
for review and comment within 30 days (Exhibit D). As of this 
date, this office has received no reply. 

 

_________________________________________________________________ 

 

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 an injustice. After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contention, we find no basis to adjust his records to 
reflect 20-years of active service in order for him to qualify 
for CRDP. As indicated by the Air Force office of primary 


responsibility, time spent on the TDRL is not considered active 
service. In view of this and in the absence of evidence of 
additional active service, we find no basis to disturb his total 
active service. With respect to his request to change the 
narrative reason for his separation, the applicant must realize 
that a DD Form 214 is prepared to document periods of active duty 
and contains a narrative description of the basis for the 
separation. At the time the contested DD Form 214 was issued, it 
correctly identified the basis for his separation, i.e., his 
temporary disability. Since he was not subsequently returned to 
active duty after TDRL re-evaluation but instead permanently 
retired by reason of physical disability, the special order, 
dated 29 April 2009, serves as the source for the final 
disposition in his case. Therefore, in view of the above and 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-2012-04435 in Executive Sessions on 27 June 2013, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2012-04435: 

 

 Exhibit A. DD Form 149, dtd 19 Sep 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPFD, dtd 18 Oct 12. 

 Exhibit D. Letter, SAF/MRBR, dtd 30 Oct 12. 

 

 

 

 

 

 Panel Chair 



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