RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02126
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His narrative reason for separation and reentry (RE) and
separation program designator (SPD) codes be changed on his DD
Form 214, Certificate of Release or Discharge from Active Duty.
APPLICANT CONTENDS THAT:
His DD Form 214 should be amended to reflect his being removed
from the Temporary Disability Retired List (TDRL) and being found
fit for duty.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 5 Jun 05, the applicant commenced his enlistment in the Regular
Air Force.
On 27 Aug 10, the Secretary of the Air Force directed the
applicant be placed on the TDRL for Obstructive Sleep Apnea (OSA)
requiring continuous positive airway pressure (CPAP) with a 50
percent disability rating.
On 23 Jan 11, the applicant was released from active duty with a
narrative reason for separation of Disability, Temporary, SPD code
of SFK (Disability, Temporary) and RE code 2Q (Personnel medically
retired or discharged) and placed on the TDRL, effective 24 Jan
11.
On 30 Apr 12, the applicant underwent a periodic TDRL
reevaluation. On 22 Jun 12, the Informal Physical Evaluation
Board (IPEB) reviewed the reevaluation and recommended removal
from the TDRL, and discharge with entitlement to severance pay
with a disability rating of zero percent.
On 6 Jul 12, the applicant disagreed with the IPEB and requested a
hearing before the Formal Physical Evaluation Board (FPEB).
On 21 Aug 12, the FPEB reviewed the applicants case and found the
applicants medical condition to be stable and recommended the
applicant be removed from the TDRL. The applicant disagreed with
the findings and appealed to the Secretary Air Force Personnel
Council (SAFPC).
On 13 Nov 12, SAFPC directed the applicant be removed from the
TDRL.
On 31 Dec 12, AFPC/DPFDD contacted the applicant regarding his
intentions for reenlisting on active duty. On 13 Feb 13, the
applicant indicated he was not going to reenlist.
On 13 Mar 13, the applicant was removed from the TDRL and
transferred to the Air Force Reserve, Obligated Reserve Section,
effective 14 Mar 13.
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial indicating there is no evidence of an
error or an injustice noting the applicant underwent his first
periodic reexamination and was found fit and was removed from
TDRL. On 13 Mar 13, the applicant was removed from the TDRL with
the reentry code of 3K which allows the service member to be
eligible to enlist in any branch of the service.
The RE code 2Q is the correct code for a service member who was
approved for medical retirement or separation and SEK is the
correct separation code for being placed on the TDRL. A new DD
Form 214 is not issued when a service member is removed from the
TDRL, because the time spent on TDRL is not active duty time. The
new order issued indicates the final status and becomes part of
the service members permanent military personnel file, and can be
attached to the DD 214 to reflect the service members final
disposition was removal from the TDRL and found fit with an RE
code of 3K.
In accordance with Section 1210, Chapter 61, Title 10 U.S.C., a
service member who has been placed on the TDRL to be reexamined at
least once every 18 months to determine whether there has been a
change in the service members condition for which he or she was
retired. If the medical condition has improved or stabilized, the
service member could receive permanent disability retirement,
discharge with severance pay; or, if the member is found fit,
removal from the TDRL and returned to duty if they so desire. If
the service members condition has not stabilized, it could result
in continuation on the TDRL for further observation and treatment.
A service member's placement on the TDRL terminates upon the
expiration of five years after the date originally placed on that
list, unless the condition has stabilized in which case the case
will be finalized sooner.
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 27 Oct 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
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-2014-02126 in Executive Session on 19 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02126 was considered:
Exhibit A. DD Form 149, dated 8 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFD, dated 25 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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