RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-02517
								INDEX CODE:  100.00
	XXXXXXX					COUNSEL:  NONE

	XXXXXXX					HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 Feb 06

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APPLICANT REQUESTS THAT:

The narrative reason for his separation be changed from “disability, temporary” to “disability, permanent.”

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APPLICANT CONTENDS THAT:

His records are in error or unjust due to the 1997 reevaluation at Langley AFB, in Hampton, Virginia.

In support of the appeal, applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 26 January 1993.  He was evaluated for continued active duty by a Medical Evaluation Board (MEB) on 2 August 1995, after being hospitalized in May and June 1995 for evaluations of symptoms of psychosis.  Based on the diagnosis of schizophreniform disorder with good prognostic features, the MEB referred him to a Physical Evaluation Board (PEB).  On 11 October 1995, the PEB recommended he be temporarily retired with a 50% rating based on the diagnosis of schizophreniform disorder with considerable impairment of social and industrial adaptability.  The applicant concurred with the PEB’s recommendation and was placed on the Temporary Disability Retired List (TDRL), effective 17 January 1996.  He was reevaluated on 20 June 1997 and based on the diagnosis of schizophreniform disorder with single episode by history in full remission at the present time, it was recommended that he remain on the TDRL for the period of one more year and then a determination be made to whether he should continue on the TDRL or return to active duty.  On 1 July 1997, a Physical Evaluation Board (PEB) recommended he be discharged with severance pay with a 10% rating, based on the diagnosis of schizophreniform disorder with single episode by history in full remission, mild social and industrial adaptability impairment.  The applicant concurred with the recommendation of the PEB.  He was removed from the TDRL on 18 August 1997 and discharged by reason of physical disability with entitlement to disability severance pay.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied and states, in part, that the narrative reason for separation on applicant’s DD Form 214, issued at the time of his placement on the TDRL accurately reflects the reason for his discharge from active duty.  Further, the evidence supports the PEB’s recommendation.  The applicant was subsequently disability discharged with severance pay, his permanent disposition.  In accordance with routine practice he was not issued a new DD Form 214 reflecting his permanent disposition.  When members are removed from the TDRL a new DD Form 214 is not issued because the DD Form 214 reflects active duty time and time on the TDRL is not active duty time.  At the time of removal from the TDRL, members are issued orders showing their permanent disposition.  

The BCMR Medical Consultant evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 2 September 2005 for review and response within 30 days.  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 error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that the reason for separation reflected on the DD Form 214 issued in conjunction with his placement on the TDRL is in error.  The DD Form 214 accurately reflects his release from active duty and temporary disability retirement.  In accordance with established procedures, when members are removed from the TDRL a new DD Form 214 is not issued because the DD Form 214 reflects only periods of active duty time.  While on the TDRL, members are in a retired status.  Special orders are issued at the time of final disposition.  In the applicant’s case, a special order was issued on 29 July 1997, reflecting his removal from the TDRL and discharge by reason of physical disability with entitlement to disability severance pay, effective 18 August 1997.  We suggest that the applicant keep this special order with his DD Form 214.  Therefore, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his 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 Docket Number BC-2004-02517 in Executive Session on 6 October 2005, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 29 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Sep 05.