RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01240
		INDEX CODE:  108.02
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

Her records be corrected to show that she was transferred from the Temporary Disability Retired List (TDRL) and permanently retired for disability reasons.

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APPLICANT CONTENDS THAT:

She is on a retired list and is trying to get a copy of her retirement order.  She receives updated information for active duty and retired members.  She and her dependents are covered and eligible for CHAMPUS and TRICARE benefits.  She has a retired military ID card, which was issued through DEERS.  She contacted the retired pay division and was told to request a correction of her military records.  Her complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force and was progressively promoted to the grade of senior airman, having assumed that grade effective and with a date of rank of 6 Jun 76.  She was appointed noncommissioned officer status on 1 Sep 77.  

A Medical Evaluation Board (MEB) was convened on 13 Dec 77 and referred the applicant's case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of neurotic depression, stress, and an immature personality.  On 21 Dec 77, the IPEB found her unfit for further military service based on a diagnosis of neurotic depression, chronic, severe, with total incapacity for social and vocational rehabilitation.  The IPEB recommended that she be placed on the Temporary Disability Retired List (TDRL) with a combined compensable rating of 100%.  The applicant agreed with the findings and recommended disposition of the IPEB.  She was placed on the TDRL on 26 Jan 78.  A TDRL re-evaluation was conducted in May 1979.  It was recommended that she be retained on the TDRL with a reduced disability rating of 50%.  Another TDRL re-evaluation was conducted in August 1980.  Her final diagnosis was depressive neurosis, by history, in remission with no apparent stress.  It was recommended that she be removed from the TDRL and discharged with severance pay.  On 9 Sep 80, the Air Force PEB recommended that the applicant be discharged from the Air Force based on a diagnosis of depressive neurosis with moderate social and industrial impairment with a combined disability rating of 10%.  The applicant concurred with the recommended findings.  On 7 Oct 80, she was removed from the TDRL and discharged with a compensable rating of 10%.  She served 3 years, 6 months, and 14 days on active duty

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states that a check with DFAS confirmed that the applicant was not an Air Force retiree receiving retirement pay.  The DVA confirmed that she was authorized a military retiree ID card based on her current DVA disability rating.  DPPD assumes that because she is receiving compensation from the DVA she believes she is receiving retired pay from the Air Force. 

The applicant was treated fairly throughout the Disability Evaluation System process and was properly rated under Federal disability guidelines.  She was afforded the opportunity for further review by additional boards during the DES process which she declined, thereby waiving her rights to due process.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the advisory and reiterated her previous contentions and added that the problem is she is still listed as being on the TDRL, which is preventing access to her military medical records.  She has no documents nor was she counseled that her TDRL rating was reduced to 50% then she was discharged with a 10% rating.  She was placed on the TDRL with a 100% rating then she turned in her military ID card and was issued a retired ID card.  She was counseled that she had access to military exchange facilities and was covered under CHAMPUS.  She was told that her military retirement pay would be delayed because the money she had already received would be recouped.  Once the recoupment was finished retirement pay was filed for but was declined because of her TDRL status.  She did not receive her military ID card from the DVA, she received it from the Air Force.  Applicant states that she does not receive a check from the Air Force.  That is what is in question.  She is not receiving a check because she is listed as being on the TDRL and not retired.  When President Bush signed into law that certain 100% disabled veterans are now entitled to receive both DVA and retirement benefits, she received a letter notifying her that she may be eligible for those benefits.  

In an additional letter, applicant states she went to several DEERS offices for verification of her ID card privileges and was told that they were denied access to her DEERS records.  The office that was able to get beyond the "Denied Access" screen was only able to view a screen, which indicated that she was separated, which is obviously in error.  

In support of her request, applicant provided copies of her DVA and military ID cards, a copy of her retirement order, signed affidavits, a copy of an envelope, and a letter she received from AFMPC/DPMDOA1, and a copy of her DD Form 214, Report of Separation from Active Duty.  Her complete submission, with attachments, is at Exhibit E.

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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.  Evidence has not been presented which would lead us to believe that the applicant's disability processing and the rating she received at final disposition was contrary to the governing Air Force instruction and the law.  The applicant believes that she is currently on the retired list and should be receiving retired pay.  However, a review of her records and the personnel data system reflects that after her TDRL re-evaluation she was removed from the TDRL and was discharged with severance pay on 7 Oct 80.  Therefore, 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's records are not in error.  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 AFBCMR Docket Number BC-2003-01240 in Executive Session on 15 Jul 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 19 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.
    Exhibit E.  Letter, Applicant, dated 3 Jun 03, w/atchs.