RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03469
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to reflect he was permanently retired.
APPLICANT CONTENDS THAT:
On 27 Nov 07, he was placed on the Temporary Disability Retired
List (TDRL) and was issued a DD Form 214.
On 8 May 11, he was removed from the TDRL and permanently retired
with a 30 percent disability rating.
The Board should consider it in the interest of justice to
consider his untimely application as the new DD Form 214 is
required for his employment. He is a General Schedule (GS)
employee with the Navy and the amended DD Form 214 is required for
his benefits.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 25 Jan 05 and was
retired on 27 Nov 07 with a narrative reason for separation of
Disability, Temporary.
Per Special Order ACD-01925 dated 18 Apr 11, he was removed from
the TDRL and was permanently retired effective 8 May 11 with a
compensable percentage of 30 percent for physical disability.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. The governing directives do not
allow the publication of a new DD Form 214 for the requested
reason. DODI 1336.01, Certificate of Release or Discharge from
Active Duty (DD Form 214/5 Series), and AFI 36-3202, Separation
Documents, Table 2, Rule 18, state do not authorize the issuance
of a new DD Form 214 when being removed from the TDRL or authorize
the listing of a disability rating. The effective date of the
applicants disability and removal from the TDRL are effective
8 May 11; after he separated from active service on 27 Nov 07.
The DD Form 214 accurately records his placement on the TDRL. The
primary source document used to substantiate the subsequent
changes to a veterans disability or rating effective after the
date of the DD Form 214 is the special order, already in the
applicants possession.
A complete copy of the DPSOR 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 20 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 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 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 the rationale expressed as the basis for our conclusion
the applicant has not been the victim of an error or 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-2014-03469 in Executive Session on 14 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Aug 14, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR dated 1 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 20 Oct 14.
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