RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02040
				INDEX CODE:  107.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he retired with 20 years of active service.

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APPLICANT CONTENDS THAT:

His current records reflect he retired with 17 years, 8 months and 9 days of active of service.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 5 February 1971 as an airman (AB) for a period of four years.  He was progressively promoted to technical sergeant (TSgt).

In 1986, the applicant was diagnosed with Coccidioides meningitis and underwent a Medical Evaluation Board (MEB) on 20 June 1988.  The MEB referred the applicant’s case to the Physical Evaluation Board (PEB).  The PEB diagnosed the applicant with Coccidioides immitis meningitis with increased intracranial pressure; treated with Amphotericin B with resultant deafness, ataxia and anemia from either disease or treatment.  The PEB determined the applicant would be placed on the Temporary Disability Retired List (TDRL) with a disability rating of 100 percent.  On 20 July 1988, the applicant concurred with the findings of the PEB.

The applicant was released from active duty and placed on the TDRL on 14 October 1988 in the grade of TSgt, under the
provisions of AFR 35-4.  He served 17 years, 8 months and 9 days of active service.  On 15 February 1991, he was reevaluated and was diagnosed with an organic mental disorder, secondary to his chronic fungal meningitis, manifested by impaired memory, abstraction, and higher cognitive functions with possible organic mood disorder.  It was further determined the applicant’s condition would require ongoing occupational rehabilitation and treatment for an indefinite period of time and his condition appeared to be permanent and stable.  The PEB recommended that applicant be removed from the TDRL and permanently retired with a 70 percent disability rating.  

He was removed from the TDRL and permanently retired on 30 March 1991 with a 70 percent disability rating, under the provisions of Title 10 United States Code (USC), Section 1201.  Special Order ACD-930, dated 20 March 1991 credits him with 17 years, 8 months and 9 days of active service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPD states the applicant was found unfit for continued service on active duty.  He was placed on the temporary disability retired list (TDRL) and subsequently permanently retired with a 70 percent disability rating.  The time a servicemember is on the TDRL is not credible for active service; therefore, the period of active service reflected on his DD Form 214 is correct.  They further state to incorporate the applicant’s time on the TDRL with his active service would be in violation of Air Force instruction and is not authorized.  Therefore, they recommend the applicant’s request be denied.

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

HQ AFPC/DPPRRP states in accordance with 10 USC, Section 1208, the time the applicant spent on the TDRL is not creditable service for retirement.  His compensable percentage for his physical disability is 70 percent and his active service for retirement is 17 years, 8 months and 9 days.

They further state the applicant has not provided any additional information to substantiate his request that he retired with 20 years of service.  HQ APFC/DPPRRP recommends the request be denied.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 6 August 2004, for review and response.  As of this date, no response has been received by this office.  

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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 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 17 years, 8 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.

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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-2004-02040 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 22 Jun 04, w/atchs.
	Exhibit B.	Applicant’s Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPD, dated 28 Jul 04.
	Exhibit D.	Letter, HQ AFPC/DPPRRP, dated 30 Jul 04.
	Exhibit E.	Letter, SAF/MRBR, dated 6 Aug 04.