RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03593

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be changed to reflect his date of separation (DOS) as 
10 Sep 94 instead of 2 Sep 94, in order give him 20 years of 
total active military service.

________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to being hospitalized for pneumonia and chronic sinusitis, 
he had approved voluntary retirement orders in hand that would 
have given him 20 plus years of total active military service.  
Due to his medical condition, he was required to meet a Medical 
Evaluation Board (MEB) that ultimately decided to medically 
retire him, just seven days prior to reaching 20 years of total 
active military service.  Subsequently, he was permanently 
retired with 30 percent disability.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 10 Sep 74.

On 14 Jun 94, an MEB diagnosed the applicant with exacerbation 
of reactive airway disease, tobacco abuse, and chronic sinusitis 
and, as a result, recommended the applicant meet an Informal 
Physical Evaluation Board (IPEB).

On 30 Jun 94, an IPEB found that the applicant’s reactive airway 
disease was incurred in Line Of Duty (LOD) and recommended 
temporary retirement and a disability rating of 30 percent.

On 6 Jul 94, the applicant agreed with the findings and 
recommended disposition of the IPEB and waived his right to a 
Formal Physical Evaluation Board (FPEB).

On 25 Jul 94, the Secretary of the Air Force (SECAF) directed 
the applicant be placed on the Temporary Disability Retired List 
(TDRL) with a disability rating of 30 percent.

On 29 Jul 94, the applicant was released from active duty, 
effective 3 Sep 94, and placed on the TDRL with a disability 
rating of 30 percent.

On 1 Sep 95, during a periodic review of the applicant’s status, 
the IPEB found that the applicant’s asthma incurred in the LOD 
and recommended his permanent retirement for physical disability 
with a compensable disability rating of 30 percent.

On 30 Sep 95, the applicant agreed with the findings and 
recommended disposition of the IPEB and waived his right to a 
Formal Physical Evaluation Board (FPEB).

On 12 Oct 95, the SECAF directed the applicant be removed from 
the TDRL and permanently retired with a compensable disability 
rating of 30 percent, effective 22 Oct 95.

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

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AIR FORCE EVALUATION:

AFPC/DPFD recommends denial indicating there was no evidence of 
an error or injustice that occurred during the disability 
process.  The applicant is seeking to qualify for the Concurrent 
Receipt Disability Pay (CRDP) Program, a phased-in restoration 
of the retired pay deducted from military retirees’ accounts due 
to their receipt of Department of Veterans Affairs (DVA) 
compensation.  According to 10 U.S.C § 1414(b)(1), eligibility 
for CRDP requires at least 20 years of creditable service.  Time 
spent on the TDRL list does not count toward active duty time.  
The applicant’s military personnel records indicate he had 19 
years, 11 months, and 23 days of active service.  The applicant 
does not have the required 20 years of active service time to 
apply for CRDP.

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

________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Nov 13 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 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 find no evidence of an error or 
injustice.  While the applicant was permanently retired for 
physical disability just seven days prior to attaining 20 years 
of active service, we find no evidence of an error or injustice 
in his disability processing, to include the manner in which his 
ultimate retirement date and creditable service for retirement 
was calculated.  While the applicant may believe the fact that 
he was only seven days short of attaining 20 years of total 
active service renders him the victim of an injustice because he 
cannot qualify for concurrent receipt of disability pay (CRDP), 
he has presented no evidence to indicate that the manner in 
which his retirement date was selected was arbitrary or 
capricious or that he has been treated differently than others 
similarly situated.  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-2013-03593 in Executive Session on 29 Apr 14, under 
the provisions of AFI 36-2603:

	                       , Panel Chair
	                        , Member
	                        , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPFD, dated 17 Oct 13.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Nov 13.




                                   
                                   Panel Chair  
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