RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03862
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 JUNE 2006

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was retired on the Temporary Disability Retired List (TDRL) on 11 May 1961 or August 1962 rather than 11 December 1959.

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APPLICANT CONTENDS THAT:

He desires an adjustment of his service time from 11 December 1959 to 11 May 1961 or August 1962.

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

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STATEMENT OF FACTS:

During the time period in question, the applicant, who had prior service, enlisted in the Regular Air Force on 5 October 1956 for a period of four years.

AF Form 356, Proceedings and Findings of the Air Force Physical Evaluation Board, dated 18 November 1959, indicates the applicant was diagnosed with tuberculosis, pulmonary, active minimal, with tuberculosis of bone, left second rib and tuberculosis of lymph nodes, and mediastinal.  It was found the extent of his disability was unfit and could be permanent.  His disability had a compensable rating of 100 percent.

AF Form 1180, Recommended Findings of Physical Evaluation Board, dated 18 November 1959, indicates the applicant was not physically fit for military service; his disability was incurred while entitled to receive basic pay; his disability was the proximate result of performance of military service; his disability was not due to misconduct, neglect or incurred during a period of unauthorized absence; and the disability was not incurred in combat.  On that date, the applicant concurred with the recommended findings.

On 11 December 1959, the applicant was released from active duty and his name was placed on the TDRL due to physical disability under the provisions of Title 10 United States Code (USC) 1202.  He served a total of three years, two months, and seven days during this enlistment.  His DD Form 214 reflects he served 7 years, 2 months, and 22 days of total active service.

On 26 May 1961, after a periodic examination, the Secretary of the Air Force determined the applicant would be retained on the TDRL.

On 23 November 1962, AF Form 618, Medical Board Report, indicates the applicant was diagnosed with tuberculosis, pulmonary, minimal, inactive three years, off treatment one and a half years without residual lesion to x-ray - date of origin 1959; tuberculosis, bone, left posterior second rib, inactive three years, off treatment one and a half years without residual lesion to x-ray - date of origin 1959; fracture, old, talus, (24 July 1962) with union suggestion of possible subtalar incongruities and early aseptonecrosis of the proximal talus - date of origin 1962; and nonunion and displacement of fracture at the base of the fifth matatarsal - date of origin 1962.  The report further indicated the applicant was physically qualified for general military service.  His records were forwarded to the PEB for further evaluation.

AF Form 188, Statement Relative to Re-Appointment or Reenlistment, dated 30 November 1962, indicates the applicant did not desire reenlistment in the Regular Air Force.

On 21 January 1963, the Physical Review Council, considered all material which was presented in regard to the reexamination of the applicant and determined he was physically fit to perform the duties of his grade and the diagnosis was no disease found (formerly tuberculosis, pulmonary).  It was recommended the applicant’s name be removed from the TDRL.

On 25 January 1963, the applicant was found physically fit to perform active military service and was subsequently removed from the TDRL.  Special Order AB-1253, dated 23 January 1963, reflected the applicant was removed from the TDRL and discharged in the grade of airman second class, effective 31 January 1963.

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AIR FORCE EVALUATION:

AFPC/DPPD recommended denial indicating the applicant’s DD Form 214 cannot be amended or changed to reflect he was retired at a later date.  When a member is removed from the TDRL, a new DD Form 214 is not issued.  The member receives a Special Order indicating his final status.  That order becomes a permanent part of his military personnel file, and can be attached to his DD Form 214 reflecting his final disposition.  To amend or change his DD Form 214 would be in violation of Air Force Instructions and is not authorized.

The evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated the DD Form 214 is a DD Form 217 (Certificate) issued at the time of his transfer, not discharge.  This is one of the issues not addressed or considered.  The other is his creditable time for basic pay purposes.  He states he is requesting total net service time and his medical status before 31 January 1963.

The applicant’s response is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPPD provided an additional evaluation and recommended denial.  They indicated the applicant’s DD Form 214 or DD Form 217AF (Certificate of Service) cannot be amended or changed to reflect he was retired at a later date.  The DD Form 214 reflects active duty time.  Time spent on the TDRL is not creditable for active duty; therefore, when the applicant was removed from the TDRL a new DD Form 214 was not issued.  Rather, the applicant received a Special Order indicating his final status.  That order becomes a permanent part of his military personnel file, and can be attached to his DD Form 214 reflecting his final disposition.  They attached a copy of his Separation Order dated 23 January 1963.  The DD Form 217AF (Certificate of Service), which is no longer in use, was also given to reflect active duty service and cannot be changed.  His request to amend or change his DD Form 214 would be in violation of Air Force Instructions and is not authorized.

The evaluation, with attachment, is at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 March 2005, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit G).  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 an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Board notes time spent on the TDRL is not creditable time towards active duty.  When a member is removed from the TDRL a new DD Form 214 is not issued.  The member receives a Special Order indicating final status, which becomes a permanent part of the member’s military personnel record and in the applicant’s case he was also given a DD Form 217AF (Certificate of Service), which reflects active duty service.  According to the applicant’s military personnel records he was released from active service and his name was placed on the TDRL on 11 December 1959.  On 25 January 1963, he was found physically fit to perform active military service and his name was removed from the TDRL and he was discharged on 31 January 1963.  Therefore, 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 the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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-2004-03862 in Executive Session on 21 April 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 December 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPD, dated 12 January 2005, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 28 January 2005.
   Exhibit E.  Letter, Applicant, dated 7 February 2005.
   Exhibit F.  Letter, AFPC/DPPD, dated 28 February 2005,
		       w/atch.
   Exhibit G.  Letter, SAF/MRBR, dated 4 March 2005.