SECOND ADDENDUM TO RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00840 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded permanent disability retirement (PDR) with a 60 percent disability rating or in the alternative, a reserve retirement with retired pay.

STATEMENT OF FACTS:
The applicant’s case file reflects that on 12 Jun 00, the Secretary of the Air Force Personnel Council (SAFPC) directed that his name be removed from the Temporary Disability Retire List (TDRL), and he be discharged with severance pay with a 20 percent disability rating.

By DD Form 149, Application For Correction Of Military Record dated 27 Feb 08, the applicant requested his discharge with severance pay be changed to reflect he was transferred to the ISLRS so the he would be eligible to apply for a reserve retirement at age 60; based on him never receiving disability severance pay.

On 31 Jul 08, the Board considered and approved the applicant’s request based on the Defense Finance and Accounting Service (DFAS) verifying the applicant’s election was never received by their office and he never received the disability severance pay.

On 11 Dec 08, the applicant requested the Board’s approval of his request be “withdrawn” due to him being contacted by DFAS which stated their records reflected he had already retired and placed on the PDRL since 30 Jul 00. DFAS also stated if they complied with the Board’s decision, he would incur a seven year debt. A directive was prepared declaring the corrective action was voided and a copy of the directive was forwarded to the applicant on 3 Mar 09.

On 19 Oct 09 and 19 Jul 10, the applicant requested the Board reverse the action voiding the original decision to transfer him to the ISLRS and, subsequently, to the Retired Reserve Section, or permanently retire him by reason of physical disability due to the erroneous information he received from DFAS.

On 21 Sep 10, the applicant requested he be allowed to draw retired pay at 40 percent as an in line of duty disabled (ILOD) service member based on his total Reserve points.

On 23 Sep 10, the Board considered and denied the applicant’s request. For an accounting of the facts and circumstances surrounding his request, and the rationale for the earlier decision by the Board, see the Addendum to Record of Proceedings, with attachments, at Exhibit G.

On 8 May 11, the applicant requested reconsideration of his request, contending the Department of Veterans Affairs (DVA) granted him a combined disability rating of 60 percent.  The rating for his cognitive disorder, with major depressive and obsessive/compulsive disorder remained at 30 percent; he was awarded a 10 percent rating for, chronic headaches, headaches, left temple and behind eyes and PTSD, depression, obsessive/compulsive disorder.

In support of the appeal, applicant submits a DVA Decision Rating Letter.

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

THE BOARD CONCLUDES THAT:
We have thoroughly reviewed the evidence of record and considered the weight and relevance of the additional documentation provided by the applicant. The applicant again has changed his mind concerning the previous decision he made and is requesting the Board to void yet another decision. As previously stated, the applicant must understand the previous decision of the Board was final and conclusive on all officers of the government, unless obtained by fraud. Again, there has been no showing of fraud in this case, nor the existence of an error or an injustice caused by the Air Force. While the applicant contentions are duly noted, we find no basis to recommend relief. Furthermore, there was no evidence submitted to show that at the time of his removal from the TDRL, his medical condition was such that it warranted a permanent disability retirement. Therefore, in view of the above, and in the absence of sufficient evidence to the contrary, we find no basis to recommend the relief sought by the applicant.

THE BOARD DETERMINES THAT:
The applicant be notified that the additional evidence presented did not meet the criteria for reconsideration by the Board; and that  the  application  will  only  be  reconsidered  upon  the

submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered the applicant’s request for reconsideration of AFBCMR Docket Number BC-2008-00840 in Executive Session on 11 May 11, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following additional documentary evidence was considered: Exhibit G.	Addendum to Record of Proceedings, dated
15 Mar 11, w/atchs.
Exhibit H.	Letter, Applicant, dated 8 May 11, w/atch.