RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01142

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation of “Disability, Temporary” be corrected to reflect “Disability, Permanent”.  
________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of Release or Discharge From Active Duty, erroneously reflects that he is temporarily disabled, when in fact, he is permanently disabled.  

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

STATEMENT OF FACTS:

The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 2 February 2000. 

On 21 March 2007, the applicant was committed to the Department of Health and Mental Hygiene by order of a judge for evaluation of competency to stand trial.  

On 21 August 2007, an AF Form 469, Duty Limiting Condition Report, was initiated that placed duty and mobility restrictions upon the applicant.  It was determined that he had a medical defect/condition which required processing by a Medical Evaluation Board (MEB) or Physical Evaluation Board (PEB).  

On 30 October 2007, a MEB convened to consider the applicant for retention in the military due to his diagnoses of Schizophrenia, undifferentiated type. The MEB recommended referral to an Informal Physical Evaluation Board (IPEB).  

On 7 November 2007, the applicant acknowledged receipt of his referral to an IPEB.  

On 28 December 2007, an IPEB was convened and determined the applicant was unfit for his duties due to his diagnosis of Schizophrenia, Undifferentiated Type; Social and Industrial Adaptability Impairment: Severe and recommended he be placed on the temporary disability retired list (TDRL), with a combined compensable disability rating of 70 percent.  

On 11 January 2008, the applicant concurred with the findings and recommendation of the IPEB and waived his rights to a Formal PEB hearing.  

On 14 January 2008, the Secretary of the Air Force directed the applicant be placed on the TDRL.  

On 26 February 2008, the applicant was relieved from active duty and placed on the TDRL, effective 27 February 2008, with a compensable disability rating of 70 percent.  

On 4 March 2008, the applicant’s case was reviewed in accordance with the guidance established by the 2008 National Defense Authorization Act.  It was determined his condition was accurately rated per the Veteran’s Administration Schedule for Disability Ratings and no changes were required from his original adjudication.  

On 24 June 2009, an IPEB was convened for a TDRL evaluation and it was determined that the applicant’s medical condition had improved since being on the TDRL; however, had not yet stabilized.  He was found unfit due to his diagnosis of Psychosis R/O Schizophrenia, paranoid type and recommend he be retained on the TDRL with a compensable disability rating of 30 percent.  

On 7 September 2010, an IPEB convened for a TDRL re-evaluation and determined the applicant’s medical condition had improved since being placed on the TDRL and will not likely change over the next several years.  He was found unfit for his duties due to his diagnosis of Schizophrenia, paranoid type and recommended he be permanently retired with a compensable disability rating of 30 percent.  

On 18 October 2010, the applicant was removed from TDRL and retired in the grade of Senior Airman per Air Force Instruction 36-3212 with a compensable percentage of 30 percent for physical disability, effective 7 November 2010.  The applicant was credited with 7 years, 9 months, and 9 days total active service for retirement. 

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

AIR FORCE EVALUATION:

AFPC/DPFD recommends denial.  The preponderance of evidence reflects that no error or injustice occurred in the applicant’s disability processing or at the time of his separation.  When the applicant was removed from the TDRL he was not entitled to a new DD Form 214 since the time spent on the TDRL was not active duty time.  However, the applicant’s retirement order can be attached to his DD Form 214 reflecting the final disposition of his removal from the temporary retired list to being permanently retired, effective 7 November 2010.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his argument that his records should be corrected to reflect that he is permanently disabled.  In support of his argument he submitted a letter from his doctor indicating he is currently in treatment for Schizophrenia, permanently disabled, and unemployable.  
________________________________________________________________

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, to include his rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  While the applicant argues that his DD Form 214 reflects he is temporarily disabled, it correctly reflects his status at the time it was generated.  Subsequently, the applicant’s records were updated to reflect he was permanently retired due to a physical disability.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.  
________________________________________________________________

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-2014-01142 in Executive Session on 3 February 2015, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:  

     Exhibit A.  DD Form 149, dated 14 March 2014, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPFD, dated 24 April 2014.
     Exhibit D.  Letter, SAF/MRBR, dated 1 October 2014.
     Exhibit E.  Letter, Applicant, dated 29 October 2014,     
                 w/atchs.