RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02126 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His narrative reason for separation and reentry (RE) and separation program designator (SPD) codes be changed on his DD Form 214, Certificate of Release or Discharge from Active Duty. APPLICANT CONTENDS THAT: His DD Form 214 should be amended to reflect his being removed from the Temporary Disability Retired List (TDRL) and being found fit for duty. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 5 Jun 05, the applicant commenced his enlistment in the Regular Air Force. On 27 Aug 10, the Secretary of the Air Force directed the applicant be placed on the TDRL for Obstructive Sleep Apnea (OSA) requiring continuous positive airway pressure (CPAP) with a 50 percent disability rating. On 23 Jan 11, the applicant was released from active duty with a narrative reason for separation of Disability, Temporary, SPD code of SFK (Disability, Temporary) and RE code 2Q (Personnel medically retired or discharged) and placed on the TDRL, effective 24 Jan 11. On 30 Apr 12, the applicant underwent a periodic TDRL reevaluation. On 22 Jun 12, the Informal Physical Evaluation Board (IPEB) reviewed the reevaluation and recommended removal from the TDRL, and discharge with entitlement to severance pay with a disability rating of zero percent. On 6 Jul 12, the applicant disagreed with the IPEB and requested a hearing before the Formal Physical Evaluation Board (FPEB). On 21 Aug 12, the FPEB reviewed the applicant’s case and found the applicant’s medical condition to be stable and recommended the applicant be removed from the TDRL. The applicant disagreed with the findings and appealed to the Secretary Air Force Personnel Council (SAFPC). On 13 Nov 12, SAFPC directed the applicant be removed from the TDRL. On 31 Dec 12, AFPC/DPFDD contacted the applicant regarding his intentions for reenlisting on active duty. On 13 Feb 13, the applicant indicated he was not going to reenlist. On 13 Mar 13, the applicant was removed from the TDRL and transferred to the Air Force Reserve, Obligated Reserve Section, effective 14 Mar 13. AIR FORCE EVALUATION: AFPC/DPFD recommends denial indicating there is no evidence of an error or an injustice noting the applicant underwent his first periodic reexamination and was found fit and was removed from TDRL. On 13 Mar 13, the applicant was removed from the TDRL with the reentry code of 3K which allows the service member to be eligible to enlist in any branch of the service. The RE code 2Q is the correct code for a service member who was approved for medical retirement or separation and SEK is the correct separation code for being placed on the TDRL. A new DD Form 214 is not issued when a service member is removed from the TDRL, because the time spent on TDRL is not active duty time. The new order issued indicates the final status and becomes part of the service member’s permanent military personnel file, and can be attached to the DD 214 to reflect the service member’s final disposition was removal from the TDRL and found fit with an RE code of 3K. In accordance with Section 1210, Chapter 61, Title 10 U.S.C., a service member who has been placed on the TDRL to be reexamined at least once every 18 months to determine whether there has been a change in the service member’s condition for which he or she was retired. If the medical condition has improved or stabilized, the service member could receive permanent disability retirement, discharge with severance pay; or, if the member is found fit, removal from the TDRL and returned to duty if they so desire. If the service member’s condition has not stabilized, it could result in continuation on the TDRL for further observation and treatment. A service member's placement on the TDRL terminates upon the expiration of five years after the date originally placed on that list, unless the condition has stabilized in which case the case will be finalized sooner. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or 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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or 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. The following members of the Board considered AFBCMR Docket Number BC-2014-02126 in Executive Session on 19 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02126 was considered: Exhibit A. DD Form 149, dated 8 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFD, dated 25 Jul 14. Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.