RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03909
		INDEX CODE:  108.10

XXXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

XXX-XX-XXXX	HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  3 SEPTEMBER 2006

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was retired on 11 July 1973 rather than 31 March 1972.

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APPLICANT CONTENDS THAT:

Retiring on 11 Jul 73 would give him a 20-year retirement.

In support of his appeal, applicant submitted copies of documentation associated with his removal from the Temporary Disability Retired List (TDRL) and permanent retirement for disability, effective 11 Jul 73; and copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) covering the period 19 Sep 56 through 31 Mar 72.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The available records reflect applicant served in the Army Air Corps from 19 Sep 42 until his discharge on 26 Dec 45.  He was credited with 3 years, 3 months, and 6 days of longevity for pay purposes.  

He enlisted in the Regular Air Force on 19 Sep 56 and had continuous honorable service until he was released from active service and placed on the TDRL on 31 Mar 72 due to physical disability under the provisions of Title 10 U.S.C. 1202.  At that time, he had completed 18 years, 10 months, and 5 days of active service.  He remained on the TDRL until 11 July 1973, at which time he was permanently retired with a disability rating of 80%.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPD reviewed this application and recommended denial.  Applicant’s DD Form 214 cannot be amended or changed to reflect that he was medically retired on a later date since he was permanently retired after his DD Form 214 was issued.  When a member is removed from the TDRL, a new DD Form 214 is not issued.  Rather, a 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.  

A copy of the evaluation, with attachments, is 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 3 Feb 05 for review and comment 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.  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 that he has been credited with all active service creditable under the governing regulation and laws in effect at the time of his disability retirement.  We therefore agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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-2004-03909 in Executive Session on 28 April 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Dec 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 27 Jan 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Feb 05.