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Decision Text

AF | BCMR | CY2014 | BC 2014 01421
Original file (BC 2014 01421.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01421

			COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, Item 12B, Separation Date This Period, be corrected to 
reflect 23 Oct 92, instead of 5 Mar 91, and Item 12C, Net Active 
Service This Period, be corrected accordingly. 


APPLICANT CONTENDS THAT:

He was honorably discharged 23 Oct 92; he was told he would 
receive a retired Identification Card (ID).

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


STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air Force 
from 22 May 80 through 5 Mar 91.

On 5 Mar 91, the applicant was released from active duty and 
transferred to the temporary disability retired list (TDRL) and 
was credited with 10 years, 9 months, and 14 days of active 
service. 

On 5 Aug 92, the Informal Physical Evaluation Board (IPEB) 
conducted a periodic re-evaluation and determined that the 
applicant’s diagnosis of right wrist pain, chronic (major), with 
limited palmar flexion condition continued and was diagnosed as 
having a somatoform disorder and remained unfit.  The IPEB 
recommended the applicant be removed from TDRL and discharged 
with severance pay with a disability rating of ten percent.

On 23 Oct 92, because the applicant’s disability rating had 
dropped below 30 percent he was discharged from the TDRL with 
entitlement to disability severance pay.

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


AIR FORCE EVALUATION:

AFPC/DPFD recommends denial indicating there is no evidence of 
an error or an injustice.  When a member is removed from the 
Temporary Disability Retired List (TDRL) a new DD Form 214 is 
not issued since the time spent on TDRL is not active duty time.  
A new order indicates the applicant’s final status. This order 
becomes a permanent part of you military personnel file, and can 
be attached to the DD Form 214 reflecting that the final 
disposition was removal from the TDRL and discharge with 
severance pay effective 23 Oct 92.  A new ID card is not 
entitled when they are removed from TDRL and discharged with 
severance pay as they are no longer in a retired status. 

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 4 Aug 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


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 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 of injustice.  
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-2014-01421 in Executive Session on 29 Jan 15, under 
the provisions of AFI 36-2603:
	
	
The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 31 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFD, dated 16 Jun 14.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 14.

						

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