RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02764
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge, be amended
as follows:
His grade be changed to reflect Staff Sergeant (SSgt, E-5).
His reason for separation be changed from retirement to
medical discharge.
APPLICANT CONTENDS THAT:
Before being placed on the Temporary Disability Retired List
(TDRL), he received a Promotion Sequence Number (PSN) for the
grade of SSgt.
After 18 months on the TDRL, a Medical Evaluation Board (MEB)
removed him from the TDRL and he was given a medical discharge
in the grade of SSgt.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 25 Oct 05.
According to his DD Form 214, on 25 Feb 10, he was retired in
the grade of Senior Airman (SrA, E-4) with a narrative reason
for separation of Disability, Temporary.
According to Special Order ACD-0633 dated 28 Jan 10, he was
placed on the TDRL effective 26 Feb 10 in the grade of SSgt.
According to an AF Form 356, Findings and Recommended
Disposition USAF Physical Evaluation Board, dated 16 May 11, the
IPEB found the applicant unfit due to his medical condition of
acute myelogenous leukemia, in remission, with persistent
splenomegaly and thrombocytopenia. The IPEB recommended the
applicant be Discharged With Severance Pay (DWSP) with a
disability rating of 0 percent per the schedule for rating
disabilities in use by the Department of Veterans Affairs (DVA).
On 4 Aug 11, the applicant waived his right to a formal hearing
and requested the Formal Physical Evaluation Board (FPEB) decide
his case based on the medical records alone. He acknowledged he
understood that if the waiver was approved he had no further
right to demand a formal hearing without substantial new
evidence.
According to Special Order ACD-93289 dated 1 Sep 11, effective
21 Sep 11, the applicant was removed from the TDRL and
discharged in the grade of SSgt by reason of physical disability
with entitlement to disability severance pay.
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial of the applicants requests. The
preponderance of the evidence reflects no error or injustice
occurred during the disability process.
The applicant was selected for promotion to the grade of SSgt
during Cycle 09E5 with a PSN which would have incremented on
1 Apr 10. The retirement order ACD 00633 dated 28 Jan
10 placing the individual on the TDRL reflects the grade of
SSgt. However, the DD Form 214 is correct as the applicant had
not worn the grade of SSgt prior to retirement. The DD Form
214 represents the applicants active duty time and it correctly
reflects his grade as of 25 Feb 10, the date he was separated
from active duty and placed on the TDRL. The applicant was
removed from the TDRL and DWSP. When a member is removed from
TDRL, a new DD Form 214 is not issued as the time spent on TDRL
is retired time.
A complete copy of the 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 29 Sep 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
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an 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-2014-02764 in Executive Session on 17 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary was considered:
Exhibit A. DD Form 149, dated 29 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFD, dated 14 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 29 Sep 14.
AF | BCMR | CY2014 | BC 2014 02246
On 16 Jan 98, he was scheduled for his first TDRL re-evaluation and the IPEB reviewed the medical information on 2 Feb 98 and recommended the applicant be removed from TDRL and DWSP with a 10 percent disability rating. Further, it must be noted the Air Force disability boards must rate disabilities based on the members condition at the time of evaluation; in essence a snapshot of their condition at that time. A complete copy of the Medical Consultants evaluation is at Exhibit...
AF | BCMR | CY2014 | BC 2014 01708
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01708 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His rank listed on his DD Form 214, Certificate of Release or Discharge from Active Duty, issued 3 Dec 07, in Block 4a/b, Grade, Rate or Rank/Pay Grade, be changed to Staff Sergeant (SSgt/E-5). His untimely application should be considered in the interest of justice because he received a form from the Physical...
AF | BCMR | CY2013 | BC 2013 01516
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01516 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to benefits under the Combat-Related Special Compensation (CRSC) program for his medical conditions associated with application to the Board, AFBCMR Docket No. ...
AF | BCMR | CY2014 | BC 2014 02024
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02024 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: His rank listed on his DD Form 214, Certificate of Release or Discharge from Active Duty, issued 28 Jan 14, in Block 4a/b, Grade, Rate or Rank/Pay Grade, be changed to Staff Sergeant (SSgt/E-5). The DD Form 214 reflects the active duty grade the member held at time of retirement. IAW 10 USC 1372, our...
AF | BCMR | CY2013 | BC 2013 02678
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02678 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: The following items on his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 29 Apr 11 placement on the Temporary Disability Retired List (TDRL) be changed so that he can reenter the Air...
AF | BCMR | CY2014 | BC 2014 00350
According to the 99 ABW Commanders letter dated 4 Dec 13, she was issued a written no-contact order on 8 Feb 13 by the First Sergeant to stay away from another member of the 99 LRS per a request from Security Forces investigators because the applicant was discussing the open investigation with the said person. The complete DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 28 Jul 14, copies of...
AF | BCMR | CY2013 | BC 2013 02749
The complete DPFD evaluation is at Exhibit C. The BCMR Medical Consultant recommends amending the applicants record to reflect he was removed from the TDRL and permanently retired with a 50 percent disability rating due to PTSD, under VASRD Code 9411, effective 12 March 2012. While the Medical Consultant recommends granting the applicant the 50 percent rating, he does not believe this should be based upon the documentation from the DVA; as this evidence was the same old evidence utilized...
AF | BCMR | CY2013 | BC 2013 00782
On 20 March 2006, the applicant concurred with the IPEB findings and indicated he had no desire to reenlist in the Air Force Reserve or in the Regular Air Force. Other than his own assertions, the evidence of record appears to indicate the applicant was afforded due process through the disability evaluation system and we find the evidence submitted insufficient to determine otherwise. _________________________________________________________________ The following members of the Board...
AF | BCMR | CY2011 | BC-2011-04695
_________________________________________________________________ STATEMENT OF FACTS: On 30 May 07, the applicants case was reviewed by the Informal Physical Evaluation Board (IPEB) which recommended his name be placed on the TDRL with a disability rating of 40 percent. The IPEB accepted his Can-do progress notes and, on 28 May 09, reviewed the medical information therein and recommended he be removed from the TDRL and DWSP with a 10 percent disability rating. ...
AF | BCMR | CY2013 | BC 2013 03311
The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D and E. AIR FORCE EVALUATION: AFPC/DPFD recommends denial indicating there is no evidence of an error or an injustice. However, after admittedly making false statements regarding the extent of his injuries, the applicant's neurogenic bladder injuries were subsequently rated by the IPEB at 60...