RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00558 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected by adding he has a service connected disability.

His DD Form 214 be corrected by adding the Air Force Combat Action Medal and the Army Commendation Medal. (Administratively Corrected)

APPLICANT CONTENDS THAT:
He was issued a DD214 when he returned home from Iraq in December 2004. He was found to have a service connected disability and removed from the Temporary Disability Retirement List (TDRL) on 11 Jun3 2013. He is being denied certain VA benefits because his DD Form 214 doesn’t indicate he has a service connected disability.

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

STATEMENT OF FACTS:
From 15 Jan 04 to 8 Dec 04, the applicant was mobilized on active duty from the ANG NY in support of Operation IRAQI FREEDOM. Upon demobilization from active duty he transferred back to the ANG NY.

On 28 Sep 12, Special Order ACD 03994 placed him on the Temporary Disability Retirement List (TDRL) effective 29 Oct 12 for a service connected disability. This disability was determined to be in the line of duty and the direct result of armed conflict or caused by an instrumentality of war caused in the line of duty during a time of war.

On 11 Jun 13, Special Order ACD 02384 removed him from the TDRL and permanently retired him effective 1 Jul 13 with a service connected disability.  He was credited with 24 years, 11 months

and 28 days of service for pay and 2 years, 3 months and 10 days of active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
HQ ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice. The applicant’s request to show service connected disability on his DD Form 214 that was issued when he was demobilized from active duty on 8 Dec 04 cannot be accomplished in accordance with AFI 36-3202, paragraph 2.2.3, Separation Documents, because he was not medically discharged at the time the DD Form 214 was created. The applicant states his disability was discovered in 2005 which is after his DD form 214 was generated.

The applicant’s request to add the Air Force Combat Action Medal and the Army Commendation Medal to his DD Form 214 has been verified and administratively corrected.

A complete copy of the HQ ARPC/DPTS 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 8 Sep 15 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 to change the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, to indicate he was medically discharged. 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.

Additionally, we note ARPC/DPST verified award of the Air Force Combat Action Medal and the Army Commendation Medal to the applicant and has administratively corrected his DD FORM 214. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief beyond that rendered administratively.

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-2015-00558 in Executive Session on 5 Jan 16 under the provisions of AFI 36-2603:

Panel Chair Member Member

The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 2 Feb 15 w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, ARPC/DPST, dated 23 Jun15. Exhibit D.	Letter, SAF/MRBR, dated 8 Sep 15.