RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03258
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The narrative reason for his discharge be corrected to reflect that he was permanently retired versus being placed on the Temporary Disability Retired List (TDRL).

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APPLICANT CONTENDS THAT:

While on active duty he suffered a brain aneurysm that resulted in a massive stroke.  He was medically retired due to the disability.  He was subsequently deemed 100 percent permanently disabled and is receiving monthly compensation from the Department of Veterans Affairs (DVA).  It is possible that in 1995 somebody thought his paralysis might be temporary; however it has since been determined that his paralysis and speech impairment are not temporary and he was deemed 100 percent permanently disabled.

In support of his request, applicant provided a personal statement; a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a copy of his DD Form 256AF, Honorable Discharge certificate; and, a copy of the Noncommissioned Officer's Creed.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force on 30 Nov 87 and was progressively promoted to the grade of sergeant.  

A Medical Evaluation Board (MEB) convened on 20 Oct 94 and recommended that the applicant's case be referred to an Informal Physical Evaluation Board (IPEB) with a diagnosis of bacterial endocarditis, meningitis, and intracranial hemorrhage.  On 4 Nov 94, an Informal PEB reviewed the applicant's case and recommended that he be placed on the TDRL with a compensable percentage of 100 percent.  The applicant concurred with the findings and recommended disposition of his case.  On 15 Feb 95, he was retired from the Air Force and his name was placed on the TDRL.  He was reexamined on 22 Aug 96 and the results were forwarded to the IPEB who determined that his condition had stabilized and recommended he be permanently retired with a 100 percent permanent disability rating.  The applicant concurred with the findings and recommendation of the IPEB.  On 7 Oct 96, officials within the Office of the Secretary of the Air Force directed that he be removed from the TDRL and permanently retired with a 100 percent disability rating.  He was permanently retired on 17 Oct 96.

The applicant's request to have his DD Form 214 corrected to reflect that he was discharged in the grade of sergeant has been administratively corrected.
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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of the applicant's request.  DPPD states that the purpose of the DD Form 214 is to record active duty information.  The time spent on the TDRL is not considered active duty service and therefore, is not recorded on the DD Form 214.  The DPPD evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 Nov 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  After a thorough review of the evidence of record, it appears that his DD Form 214 is administratively correct and further amendment is not warranted.  In this respect, at the time of his separation from the Air Force on 15 Feb 95 he was placed on the TDRL as appropriately indicated on his DD Form 214.  On 17 Oct 96, he was removed from the TDRL and permanently retired.  During that period while he was on the TDRL, he was not considered to be on active duty, and therefore, in accordance with Department of Defense policy, amendment of the DD Form 214 is not required in order to reflect his removal from the TDRL and placement on the permanent retired list.  We note that upon his permanent retirement he was provided a special order, which documented that action and can be used as evidence of his permanent retirement if he is required to provide such evidence.  Accordingly, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number 02-03258 in Executive Session on 29 Jan 03, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 31 Oct 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 02.