ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-1993-01988-2

	COUNSEL: NONE	

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The Board reconsider his request to correct his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 20 Sep 89, to reflect:

1)	Block 12a. Date Entered AD This Period, to 3 Oct 74.
2)	Block 12b. Separation Date This Period, to 9 Jul 92.
3)	Block 12c. Net Active Service This Period, to 15 years, 2 months, 3 days.
4)	Block 12d. Total Prior Active Service, to 42 days.
5)	Block 12e. Total Prior Inactive Service, to 2 years, 8 months, 3 days.
6)	Block 12i. Reserve Oblig. Term. Date, to 14 May 77.
7)	Block 26. Separation Code, to correct separation code.
8)	Block 28. Narrative Reason for Separation, to permanent retirement.

RESUME OF THE CASE

On 20 Sep 89, the applicant, a retired Air Force captain, received a temporary disability retirement  and credited with 12 years, 3 months, and 15 days of active service.  

On 7 Dec 93, the Board considered and denied his request to change his DD Form 214 to reflect he separated from active duty following his transition from the Temporary Disability Retirement List (TDRL) to the Permanent Disability Retirement List (PDRL), finding insufficient evidence of an error or injustice to justify relief.  For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit E.

On 1 Oct 18, the applicant requested reconsideration of his request to change his service dates to reflect he was on active service during his period on the TDRL and, in a new request, change his date entered active duty.  He again contends his service dates are in error and, as a result, his 1405 service date is incorrect negatively affecting his retired pay calculation.  He contends he served on active duty from 9 Jul 74 – 19 Aug 74 at Vandenberg AFB, CA.  He further contends time spent on the TDRL should be added to active service when transferred from the TDRL to the PDRL. 

The applicant’s complete submission is at Exhibit F.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the applicant’s request to correct the applicant’s service dates on his DD Form 214.  Based on an analysis of the facts, the active duty service covered in blocks 12a, 12b, 12c, and 12d are correct.  In accordance with 10 USC 2106, his time spent as an enlisted ROTC cadet from 3 Oct 74 through 14 May 77 is not creditable in computing length of service for any purpose.  The applicant states that from 9 Jul 74 to 19 Aug 74 he served on active duty to attend basic training at Vandenberg AFB, CA. There is no documentation to account for this time and this would have been before he enlisted in the Air Force ROTC program.  Additionally, Lackland AFB, TX has been the home for Air Force basic military training since the late 1940s.  Finally, his time as a reserve officer from 15 May 77 to 5 Jun 77 was in an inactive ready reserve status and is only creditable for pay and inactive service.

The complete advisory opinion is at Exhibit G.

AFPC/DPFDC recommends denying the applicant’s request to correct his DD Form 214 to reflect active service time while on the TDRL.  Time spent on TDRL does not count as time toward retirement.   The applicant was placed on TDRL effective 21 Sep 89.  On 9 Jul 92, he was removed from TDRL and placed on the PDRL.  When removing a member from the TDRL, a new DD Form 214 is not issued; rather, a new order indicates the final status. This order becomes a permanent part of the service member’s military personnel file, and can be attached to the DD 214 reflecting that the final disposition was removal from TDRL and placement on the PDRL.

The complete advisory opinion, with attachment, is at Exhibit H.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 Jul 19 for comment (Exhibit I), and the applicant replied on 19 Aug 19.  In his response, the applicant contends the Fort Lee judge advocate office states his TDRL request is valid.  Furthermore, he enlisted in the Air Force Reserves on 3 Oct 74 and his 1405 service date should reflect the same.  The AFROTC laws changed in 1979 and the statutes, as written today, do not apply in his situation.  The applicant’s complete response is at Exhibit J.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of both AFPC/DP2LT and AFPC/DPFDC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Furthermore, while we note the applicant contends his 1405 date is not correct and the current statutes do not apply in his case, the Board finds the applicant’s 1405 date to be correct under the presumption of regularity and a review of both the evidence provided and the applicable statutes.  The Board further agrees with the interpretation of the subject matter experts that neither ROTC service nor time spent on the TDRL are considered active service.  Therefore, the Board recommends against correcting the applicant’s records.

The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-1993-01988-2 in Executive Session on 16 Oct 19:

Panel Chair
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 7 Dec 93.
Exhibit F:	Application, DD Form 149, w/atchs, dated 1 Oct 18.
Exhibit G:	Advisory opinion, AFPC/DP2LT, w/atch, dated 21 Jun 19.
Exhibit H:	Advisory opinion, AFPC/DPFDC, dated 18 Jul 19. 
Exhibit I:	Notification of advisory, SAF/MRBC to applicant, dated 23 Jul 19.
Exhibit J:	Applicant’s response, dated 19 Aug 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.