RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02049
				INDEX CODE:  107.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect the date she was discharged as 10 August 1996.

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APPLICANT CONTENDS THAT:

Her DD Form 214 reflects she was retired on 4 October 1994, the date she was placed on the Temporary Disability Retired List (TDRL).  However, her DD Form 256AF reflects she was discharged on 10 August 1996.  This creates a problem when potential employers inquire about her discharge date.

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 18 July 1984, as an airman basic for a period of four years.

The applicant underwent a Medical Evaluation Board (MEB) on 31 March 1994 and was diagnosed with chronic myofascial pain, plantar surface, both feet, right greater than left, etiology unknown, probably mechanical in etiology; bilateral hallux valgus, status post (S/P) bilateral chevron osteotomies with marked relief of pain, with residual intermittent discomfort on the first metatarsal phalangeal (MTP) joints, congenitally short fourth toe secondary to a Brachy metatarsus, Neuropraxia of the posterior tibial nerve.  The MEB referred the applicant’s case to the Physical Evaluation Board (PEB).  The PEB recommended the applicant be permanently retired (PDR) with a 30 percent disability rating.  On 1 June 1994, the applicant nonconcurred with the recommendation of the PEB.  The applicant’s case was forwarded to the Formal Physical Evaluation Board (FPEB).  On 13 July 1994, the FPEB determined the applicant would be placed on the Temporary Disability Retired List (TDRL) with a 50 percent disability rating for Chronic pain, both feet, right greater than left, S/P February 1993 bilateral Chevron osteotomies, with the right side pain compatible with neuropraxia of posterior tibial nerve, but had radiculopathy, right lower extremity.  On 13 July 1994, the applicant concurred with the findings of the FPEB.  

On 3 October 1994, the applicant was released from active duty and placed on the TDRL with a 50 percent disability rating on 4 October 1994, in accordance with AFI 36-3212.  She served 10 years, 2 months and 16 days of active duty service.  The applicant underwent a TDRL reevaluation on 30 April 1996 and it was recommended the applicant remain in a retired status.  On 17 May 1996, the applicant’s case was forwarded to the Informal Physical Evaluation Board (IPEB) and they recommended the applicant be discharged with severance pay with a 20 percent disability rating.  On 14 June 1996, the applicant disagreed with the findings of the PEB.  On 2 July 1996, the applicant’s case was forwarded to the Secretary of the Air Force Personnel Council (SAFPC) for a final determination of her case.  On 23 July 1996, the SAFPC directed the applicant be discharged and receive severance pay with a 20 percent disability rating.  Special Order ACD-1696, dated 30 July 1996, credits her with 10 years, 2 months and 16 days for severance pay and 12 years, 9 months and 17 days for basic pay.  On 9 August 1996, the applicant was removed from the TDRL and on 10 August 1996, she was discharged with entitlement to severance pay with a 20 percent disability rating.

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AIR FORCE EVALUATION:

HQ AFPC/DPPD states the purpose of the military disability evaluation system (DES) is to maintain a fit and vital force by separating or retiring members who are unable to perform the duties of their office, grade, rank or rating.  The members who are separated or retired for reason of a physical disability may be eligible for certain disability compensation.  The Medical Evaluation Board (MEB) determines if the servicemember should be processed through the DES when a member is determined to be disqualified for continued military service.  The medical treatment facility that provides health care to the sevicemember makes the decision whether or not to conduct an MEB.

HQ AFPC/DPPD further states Item 12 (Record of Service) of the DD Form 214 annotates period of service the servicemember has served.  The time the servicemember is assigned on the TDRL is in a retired status and is not creditable for basic pay computation when the servicemember is discharged with entitlement to severance pay.  

A review of the applicant’s military personnel records did not reveal any errors on the DD Form 214, which would warrant changing her release from active duty date.  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.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16 July 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we are not persuaded her time on the TDRL should be credited as active duty time, thereby changing her discharge date.  The applicant was released from active duty and placed on the TDRL.  She was removed from the TDRL and separated with disability severance pay.  As noted by the Air Force office of primary responsibility, the time spent on the TDRL is not creditable for active duty service.  However, the time spent on the TDRL is creditable for basic pay computation when the servicemember is being discharged with entitlement to severance pay.  The applicant’s DD Form 214 accurately reflects her time spent on active duty.  In view of the foregoing and in the absence of 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-2004-02049 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 21 Jun 04, w/atchs.
	Exhibit B.	Applicant’s Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPD, dated 12 Jul 04.
	Exhibit D.	Letter, SAF/MRBR, dated 16 Jul 04.