RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01658
		INDEX CODE 100.00, 131.09
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her DD Form 214 reflect a hyphenated last name of -- - --, her pay grade as E-4, and her place of entry into active duty as Montgomery, AL.

[NOTE:  On 28 Jun 80, the applicant’s last name was changed in her military records from -- to -- based on her 1980 marriage.  Further, her place of entry into active duty was administratively corrected to Montgomery, AL, on 6 Oct 04.]
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APPLICANT CONTENDS THAT:

She was not available to sign her discharge papers because she was hospitalized at the time of her “temporary” separation.

The applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 4 Oct 79.  On 28 Jun 80, the applicant’s last name was changed from -- to -- based on her marriage in 1980.

The applicant was incrementally promoted to the grade of sergeant (E-4) with a date of rank (DOR) of 1 Oct 82.  

An AF Form 418, dated 27 Nov 85, denied the applicant reenlistment and vacated her NCO status because of irresponsibility in her actions and in performing her job; i.e., repeatedly late for work, leaving her post without being properly relieved, disruptive phone calls, etc.  The applicant appealed but the commander’s decision was upheld on 6 Feb 86.

Around this same timeframe, on 3 Feb 86, the commander imposed Article 15 punishment on the applicant in the form of reduction from sergeant to airman first class (E-3), with a DOR of 3 Feb 86, and 14 days of extra duty because she knowingly, and with intent to deceive, made a false statement to a senior master sergeant, on or about 23 Nov 85, that an airman first class had made a racially derogatory statement.  The applicant’s appeal was denied on 12 Feb 86 and, on 13 Feb 86, the Article 15 was found legally sufficient and filed in her Unfavorable Information File (UIF).

Wilford Hall Medical Center (WHMC) Narrative Summaries, dated 4 and 20 Aug 86, disclose the applicant was referred there from Wright Patterson AFB (WPAFB) on 17 Jul 86 for being unable to walk and having a recurring history of leg weakness, nausea, headaches, and light-headedness.  She was given neurological and psychiatric workups.  The summaries report that administrative separation for work and financial problems was pending.  The applicant was about to meet an administrative discharge board when the current symptoms occurred and she had apparently displayed similar symptoms during earlier work conflicts.

The applicant’s case was referred to a Medical Evaluation Board (MEB) on 28 Aug 86, which recommended referral to a Physical Evaluation Board (PEB) for conversion disorder, chronic, severe, manifested by left hemiparesis and left hemisensory deficit with negative extensive neurological workup.  On 5 Sep 86, the Informal PEB (IPEB) recommended the applicant be placed on the Temporary Disability Retirement List (TDRL) for conversion disorder as manifested by left hemiparesis and left hemisensory deficit with negative extensive neurological working with severe industrial impairment, rated at 50%.  The applicant agreed.

On 6 Oct 86, the Secretary of the Air Force (SAF) determined the applicant served satisfactorily in the higher grade of sergeant within the meaning of Title 10, USC, Section 1372 (Exhibit D).

On 3 Nov 86, the applicant was released from active duty and placed on the TDRL in the grade of airman first class.  [Note:  The DD Form 214 incorrectly indicated she had 3, years, 9 months, and 18 days of active duty; however, this was administratively corrected on 6 Oct 04.]

While on the TDRL, the applicant underwent periodic examinations as required.  A 21 Feb 88 discharge summary reports that a neurologist at the Tuskegee VA Medical Center Hospital believed the applicant had multiple sclerosis (MS).  

On 12 Apr 88, an IPEB recommended the applicant be retained on the TDRL for MS, rated at 50%.

Her subsequent TDRL evaluation on 29 Sep 89 diagnosed MS and found her unfit for duty.  Based on the unpredictable nature of the illness, on 12 Oct 89, an IPEB recommended that she be continued on the TDRL.

On 14 Aug 91, an IPEB recommended the applicant be placed on the Permanent Disability Retirement List (PDRL) for MS, rated at 30%.  [The applicant’s maximum 5-year TDRL period would have expired in Nov 91.]  The applicant concurred with the findings and recommendations.

Special Order Number ACD-2159, dated 5 Sep 91, directed the applicant’s permanent retirement with a 30% disability effective 15 Sep 91, with 7 years and 1 month of active service for retirement and a highest pay grade held/retired pay grade of sergeant.  

On 11 Aug 04, HQ AFPC/DPF advised the applicant that her DD Form 214 correctly reflected her name as it was recorded in her service record when she retired from the Air Force name.  HQ AFPC/DPF added the Military Personnel Data System (MPDS) could be changed if she had legally changed her name to -- -- and would forward a certified copy of the document that changed her name.  However, the applicant did not respond.

On 6 Oct 04, HQ AFPC/DPPRSP administratively corrected the applicant’s DD Form 214 to reflect she had 7 years and 1 month of active service (rather than 3 years, 9 months and 18 days) and her place of entry into active duty was Montgomery, AL.

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AIR FORCE EVALUATION:

HQ AFPC/DPF advised that AFI 36-2608 allows for the correction of the name after the fact for retirees if the name was legally changed and a copy of the document changing the name is provided as part of the application.  The applicant did not respond to their 11 Aug 04 invitation to provide a legal document to support the name change.  Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD advises at the time the applicant was placed on the TDRL her rank was properly noted as airman first class since she had been reduced in rank due to the Article 15.  The SAF memo, dated 6 Oct 86 (attached), directed the applicant be retired, for pay purposes only, in the higher grade of sergeant in accordance with Title 10, USC, Section 1372.  Her rank on the DD Form 214 is correct in that it reflects her status at the time of disability in accordance with AFR 35-4.  The DD Form 214 only reflects service information for the period the member was on active duty.  The period a member is on the TDRL is not active duty and cannot be counted as active service for retirement purposes.  As no error or injustice has been established, denial is recommended. 

A complete copy of the evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 15 Oct 04 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.  The applicant’s place of entry into active duty was administratively corrected on 6 Oct 04.  Therefore, the only issues remaining for this Board’s consideration are the applicant’s requests to have her discharge documents reflect a hyphenated last name of -- -- and the grade of E-4.  Based on her marriage in 1980, the applicant’s military records were amended to reflect a last name of --.  Her last name at the time of her discharge was --, and this is accurately reflected on her discharge documents.  The Military Personnel Records System allows for a name change after the fact for retirees but, despite being invited to do so, the applicant has not provided any documentation verifying her last name of -- was legally changed to the requested hyphenated name of -- --.  When the applicant was placed on the TDRL on 3 Nov 86, her rank was properly noted as E-3 due to the Article 15 reduction on 3 Feb 86.  However, she was retired, for pay purposes only, in the higher grade of E-4 in accordance with SAFPC memo dated 6 Oct 86.  The DD Form 214 only reflects service information for the period a member was on active duty; time on the TDRL is not considered active duty and cannot be counted as active service for retirement purposes.  We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has not sustained her burden of having suffered either an error or 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.

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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 this application in Executive Session on 16 and 27 December 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-01658 was considered:

   Exhibit A.  DD Form 149, dated 17 May 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPF, dated 24 Sep 04
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 29 Sep 04, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Oct 04.