RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04435 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His date of separation be adjusted to reflect he completed twenty years of total active duty. 2. His narrative reason for separation be changed to reflect permanent disability retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: He was removed from the Temporary Disability Retired List (TDRL) effective 19 May 2009, and permanently retired. Therefore, his date of retirement should be 19 May 2009. This error prevents him from receiving Concurrent Receipt Disability Pay (CRDP). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 26 October 2005, an Informal Physical Evaluation Board (IPEB) determined the applicant was unfit to reasonably perform the duties of his office, grade, rank, and rating due to his diagnosis of Sarcoidosis with associated Neurosarcoidosis, Parasthesias, Diplopia, and Headache. The IPEB recommended he be placed on the TDRL with a compensable disability rating of 60 percent. The applicant concurred with the IPEB findings and recommendation and waived his right to a Formal Physical Evaluation Board (FPEB). The Secretary of the Air Force (SecAF) approved the IPEB recommendation and directed the applicant be placed on the TDRL. As a result, the applicant was retired effective 9 December 2005, in the grade of technical sergeant, after serving 18 years and 5 months on active duty. A TDRL reevaluation, dated 20 February 2009, indicates the IPEB found that although the applicant’s condition had improved, it appeared to have stabilized and would not likely change over the next several years. As a result, the IPEB recommended the applicant be permanently retired with a compensable disability rating of 30 percent. The applicant initially non-concurred with the IPEB findings and recommendation and requested an FPEB. However, after consulting with counsel, the applicant waived his right to an FPEB and concurred with the IPEB indicating it was in his best interest to accept the findings and recommended disposition. The Secretary of the Air Force approved the recommended disposition and directed the applicant be removed from the TDRL and permanently retired under the provisions of Title 10, United States Code, Section 1201, effective 19 May 2009. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial as time spent on the TDRL does not count toward active duty time. The applicant served 18 years and 5 months on active duty; therefore, he does not have the required 20 years of active duty in order to apply for CRDP. The preponderance of evidence reflects that no error or injustice occurred during the disability processing or at the time of separation. The complete DPFD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the evaluation by the Air Force office of primary responsibility was forwarded to the applicant on 30 October 2012 for review and comment within 30 days (Exhibit D). As of this date, this office has received no reply. _________________________________________________________________ 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. After thoroughly reviewing the evidence of record and noting the applicant’s contention, we find no basis to adjust his records to reflect 20-years of active service in order for him to qualify for CRDP. As indicated by the Air Force office of primary responsibility, time spent on the TDRL is not considered active service. In view of this and in the absence of evidence of additional active service, we find no basis to disturb his total active service. With respect to his request to change the narrative reason for his separation, the applicant must realize that a DD Form 214 is prepared to document periods of active duty and contains a narrative description of the basis for the separation. At the time the contested DD Form 214 was issued, it correctly identified the basis for his separation, i.e., his temporary disability. Since he was not subsequently returned to active duty after TDRL re-evaluation but instead permanently retired by reason of physical disability, the special order, dated 29 April 2009, serves as the source for the final disposition in his case. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04435 in Executive Sessions on 27 June 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2012-04435: Exhibit A. DD Form 149, dtd 19 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dtd 18 Oct 12. Exhibit D. Letter, SAF/MRBR, dtd 30 Oct 12.