RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02102
		INDEX NUMBER: 136.00

		COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His retirement date be changed to 4 Mar 79, to include his time spent on the Temporary Disability Retirement List (TDRL); and his total service for pay be changed from 18 years, 10 months, and 3 days to 20 years, 6 months, and 4 days, which would enable him to meet the service requirement for Concurrent Retirement and Disability Pay (CRDP).

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APPLICANT CONTENDS THAT:

The retirement date reflected on his DD Form 214, Report of Separation from Active Duty, does not reflect the correct retirement date of 4 Mar 79, as indicated on his AFMPC Form 134, Retirement Order, dated 13 Feb 79.  The incorrect retirement date (22 Jun 77) was not discovered until it resulted in his denial of “concurrent pay” authorized by DOD Appropriations Act H.R. 1588.  He was contacted by the Defense Finance and Accounting Service (DFAS) and informed that since his retirement record reflected he was retired on 22 Jun 77, with only 18 years, 10 months, and 3 days, he was not entitled to concurrent pay.

In support of his appeal, applicant submitted copies of his Retirement Orders, dated 1 Jun 77 and 13 Feb 79; a copy of DD Form 214, dated 22 Jun 77; a letter from the Disabled American Veterans, dated 11 Mar 81, and a copy of his Retirement Account Statement, dated 2 Dec 03.

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

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STATEMENT OF FACTS:

Applicant’s name was placed on the TDRL effective 22 Jun 77.  At that time, he had completed 18 years, 10 months, and 3 days of active federal military service.  He was permanently retired for disability effective 4 Mar 79, with a disability rating of 60%.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating, in part, applicant was advised the period on the TDRL is not creditable for active duty service for retirement.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By letter, dated 26 Aug 04, applicant reiterated his original contentions and noted his displeasure with the advisory opinion and correction of military records process.

Applicant’s complete response is at Exhibit E.

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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.  We took notice of the applicant's complete submission in judging the merits of the case.  However, after careful review of the available records, it appears he has been credited with all active service creditable under the governing regulation and laws in effect at the time of his disability retirement.  The applicant was found unfit for continued military service, placed on the TDRL and subsequently permanently retired with a 60 percent disability rating under the provisions of Title 10, USC, Section 1201.  A veteran’s period of time on the TDRL is not creditable for active service.  We therefore agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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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-2004-02102 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 17 May 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 21 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.
    Exhibit E.  Letter, Applicant, dated 26 Aug 04.