RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01417
				INDEX CODE:  110.00
				COUNSEL:  None

				HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

	  a.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his date of separation as 13 November 1984, which is the date on his retirement certificate.

	  b.  Item 6 on his DD Form 214 be corrected to reflect his place of entry into active duty as Beckley, West Virginia.

EXAMINER’S NOTE:  A DD Form 215 was issued on 16 April 2004 correcting Item 6 on the DD Form 214 to read Beckley, West Virginia rather than Colorado Springs, CO.  Therefore, the only issue to be considered by the Board is the applicant's request regarding his retirement date.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It was brought to his attention the date of his retirement on his DD Form 214 and retirement certificate were different.  His DD Form 214 reflects he retired with 19 years, 4 months and 9 days of service.  Based on the date on his retirement certificate he believes he should have been retired with 21 years, 1 month and 26 days of service.

Applicant's complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 17 September 1963.  He was progressively promoted to the rank of master sergeant (MSgt).

The applicant underwent a Medical Evaluation Board (MEB) on 22 December 1982 and was diagnosed with defective bilateral vision secondary to resolved Stevens-Johnson Syndrome, Current best vision O.U.: Hand Motion Only, Gout, Chronic; Controlled on Medication, Hypertension, Essential, Well Controlled on Medication, P.E. Tubes in Place, Right Ear; Reduced High Frequency Hearing Right, Left basilar atelectasis, Chronic with Elevated Fixed Right Hemidiaphragm, Mild Obstructive and Restrictive Changes in Pulmonary Function Tests.  The MEB referred the applicant’s case to the Physical Evaluation Board (PEB).  On 28 December 1982, the PEB determined the applicant would be placed on the Temporary Disability Retired List (TDRL) with a disability rating of 100 percent.  The applicant concurred with the findings of the PEB on 4 January 1983.

On 25 January 1983, the applicant was released from active duty in the grade of MSgt and placed on the TDRL with a 100 percent disability rating under the provisions of AFR 35-4.  He served 19 years, 4 months and 9 days of active service.  The applicant was reevaluated by the PEB on 2 August 1984 and was diagnosed with status post Stevens-Johnson syndrome and status post enucleation of both eyes, Left basilar atelectasis, chronic with elevated fixed right hemidiaphragm, mild obstructive and restrictive changes in pulmonary function tests, Hypertension, essential, controlled on medication, Gout, chronic, controlled on medication, high frequency hearing, right ear. On 16 October 1984, the applicant concurred with findings of the PEB.  

He was removed from the TDRL on 13 November 1984 and permanently retired with a 100 percent disability rating as indicated on Special Order AC-15372, dated 24 October 1984.  He was credited with 19 years, 4 months and 9 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD states the date shown on the applicant’s retirement certificate is the date he was removed from the TDRL and permanently retired.  The applicant’s retirement status began when he was placed on the TDRL.  Furthermore, the period he was on the TDRL is not credible for active service; therefore, the period of active service reflected on his DD Form 214 is correct.  A review of his permanent disability retirement order revealed no errors in the computation of his active service for retirement.  Therefore, based on the information provided, DPPD recommends denying the applicant's requests.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 June 2004, for review and response.  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.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded his time on the TDRL should be credited as active duty time.  The applicant’s contentions are duly noted; however, under the provisions of Title 10, USC Section 1208, time spent on the TDRL is not creditable service.  The applicant was treated no differently under the law than others who have been placed on the TDRL and subsequently removed.  Under Section 1201, he was credited with 19 years, 4 months and 9 days of active service for retirement.  The applicant has not established he suffered either an error on an injustice.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2004-01417 in Executive Session on 6 October 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 26 Apr 04, w/atchs.
	Exhibit B.	Applicant’s Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPD, dated 14 Jun 04.
	Exhibit D.	Letter, SAF/MRBR, dated 25 Jun 04.