RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01523
		INDEX NUMBER:  108.00
	
		COUNSEL:  NONE

		HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His service for basic pay be adjusted to include his time spent on the Temporary Disability Retirement List (TDRL) and that this time be creditable for pay purposes.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was placed on the TDRL on 4 Jan 97 and was not removed and permanently retired until 19 Apr 02.  His time on the TDRL was not accurately corrected at the time of his removal from the TDRL and he is now asking this to be done.

In support of his application he submits a personal statement, a copy of his DD Form 214, copies of the Special Orders and correspondence placing him on the TDRL and subsequently permanently retiring him for disability, and excerpts from DoD PA-1F, Disability Separation.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 3 Jan 97, applicant was released from active duty in the grade of master sergeant and his name was placed on the TDRL due to physical disability under the provisions of AFI 36-3212, effective 4 Jan 97, with a compensable percentage for physical disability of 50 percent.  At the time of his release from active duty, he was credited with 18 years, 5 months, and 24 days of active service for retirement, and 18 years, 6 months, and 15 days service for pay.

Effective 4 Jan 02, his name was removed from the TDRL and he was permanently retired with a 60 percent disability rating under the provisions of Title 10, United States Code (USC), Section 1201.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends the application be denied and states, in part, that service computation for pay credit is calculated under Title 37, USC, Section 205, Chapter 3.  The manual clearly states that veterans assigned on the TDRL are in a retired status and this period may not be credited for the purpose of increasing their retired pay.  A review of the applicant’s disability retirement order revealed no errors in computing both his periods for basic pay and his active service for retirement.  

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 May 04, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response (Exhibit D).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant’s time while assigned on the TDRL is considered retired status, and under the provisions of Title 37, United States Code (USC), Chapter 3, Section 205, this period may not be credited for the purpose of increasing retired pay.  Therefore, we find no basis upon which to favorably consider his request.

___________________________________________________________________

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 Docket Number BC‑2004-01523 in Executive Session on 1 September 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.