RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02542
		INDEX NUMBER:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect permanent disability retirement rather than temporary disability retirement.

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APPLICANT CONTENDS THAT:

He was not aware his DD Form 214 had not been updated.

In support of his application, he submits a copy of his DD Form 214 and a copy of an AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board. 

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

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STATEMENT OF FACTS:

On 16 Aug 99, applicant was released from active duty in the grade of senior airman and his name was placed on the Temporary Disability Retired List (TDRL) due to physical disability under the provisions of AFI 36-3212, effective 17 Aug 99, with a compensable percentage for physical disability of 30 percent.  At the time of his release from active duty, he was credited with 7 years, 7 months, and 17 days of active military service.

Effective 27 Nov 00, his name was removed from the TDRL and he was permanently retired for disability under the provisions of Title 10, United States Code (USC), Section 1201, with a 30 percent disability rating.

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AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends the application be denied and states, in part, the member’s DD Form 214 cannot be amended or changed to reflect he was permanently retired since his permanent retirement came after his DD Form 214 was issued.  When a member’s status changes from TDRL to permanent retirement, a new DD Form 214 is not issued.  The member received a Special Order indicating his permanent disability retirement; that order became a permanent part of his military personnel file, and can be attached to his        DD Form 214 reflecting that he was permanently retired on a disability.  

The veteran’s request to amend or change his DD form 214 would be in violation of Air Force Instructions and is not authorized.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 Aug 04, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 careful review of the available record, we are not persuaded that the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, is in error.  The purpose of the DD Form 214 is to record and report the transfer or separation of military personnel from a period of active duty.  In this case, the applicant’s DD Form 214 accurately reflects his release from active duty and placement on the Temporary Disability Retired List (TDRL).  When a member’s status changes from TDRL to permanent disability retirement, a new DD Form 214 is not issued.  Rather, a special order is issued to remove them from the temporary retired status and to permanently retire them.  Based on the foregoing, and 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‑2004-02542 in Executive Session on 19 October 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Aug 04 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Sep 04.