RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01802

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty Block 23, Type of Separation and Block 28, Narrative Reason for Separation be changed.

2.  He be provided a letter reflecting the date he was taken off of temporary disability.

APPLICANT CONTENDS THAT:

His DD Form 214 is incorrect because he was discharged and not retired from the Air Force.  His DD Form 214 retirement status is affecting his eligibility to credit his active duty service time towards his federal time with his employer.  Correcting the record to show that he did not retire will enable him to get credit for the time he bought back.

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

STATEMENT OF FACTS:

On 7 Feb 96, the applicant enlisted in the Regular Air Force.  

According to an AF Form 348, Line of Duty Determination, dated 3 Nov 00, on 18 Aug 99, the applicant sustained a cervical spine injury (electrocuted) while deployed to Kuwait.  On 20 Nov 00, the applicant’s injury was determined to be In the Line of Duty (ILOD).  On 28 Nov 88, the Staff Judge Advocate concurred with the recommendation of ILOD.  On 14 Dec 00, the appointing authority concurred with the recommended finding of ILOD.

According to the commander’s input to the MEB memorandum, undated, it was noted the applicant was not working in his Air Force Specialty Code (AFSC); he was able to apply technical knowledge, but unable to perform physical job requirements.  Further, the commander noted the applicant was unable to perform 95 percent of his duty requirements and was not qualified for deployment at this time.

On 26 Feb 01, the applicant was referred to an Informal Physical Evaluation Board (IPEB) for Posttraumatic Stress Disorder (PTSD), secondary to electrocution associated with right sided pain, definite social and industrial adaptability impairment.  The IPEB found the applicant’s condition unfitting and recommended he be placed on the Temporary Disability Retired List (TDRL), with a 30 percent compensable disability rating.  The applicant agreed with the findings and waived his rights to a formal hearing.

On 28 Feb 01, the Secretary of the Air Force (SECAF) directed the applicant be placed on the TDRL under the provisions of 10 USC 1202.

On 17 Apr 01, the applicant was relieved from active duty and placed on the TDRL for physical disability, effective 18 Apr 01.  He was credited with 5 years, 2 months, and 11 days of total active service.

On 19 Aug 02, the applicant was again referred to an IPEB for PTSD, secondary to electrocution associated with right sided pain, definite social and industrial adaptability impairment.  The IPEB found the applicant’s condition unfitting and recommended discharge with severance pay with a 10 percent disability rating.  The applicant agreed with the findings and waived his rights to a formal hearing.

On 4 Sep 02, AFPC/DPPDS notified the applicant that the Secretary of the Air Force directed his removal from the TDRL and discharge with disability severance pay, effective 24 Sep 02.  DPPDS attached a copy of Special Order ACD-00962 announcing his discharge.

According to Special Order Number ACD-00962, dated 4 Sep 02, the applicant was removed from the TDRL and discharged with severance pay under the provisions of 10 USC 1203, effective 24 Sep 02.

According to the Office of Personnel Management (OPM) website, the Standard Form (SF) 3108, Application to Make Service Credit Payment, is the means by which an applicant may apply for military service credit.  In the instruction, it states a member may submit a DD Form 214 or equivalent separation document.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denial indicating no error or injustice occurred during the processing of the applicant’s disability case or during his removal from the TDRL.  

On 17 Apr 01, the applicant was found unfit and placed on the TDRL.  On 19 Aug 02 [sic], he was removed from the TDRL and discharged from the Air Force.  When a member is removed from the TDRL, a new DD Form 214 is not issued or corrected since the time spent on the TDRL is not active duty time.  Rather, a new order is issued indicating the service member’s final status.  This order becomes a permanent part of the service record and should be attached to the DD Form 214 reflecting that final disposition was removal from the TDRL and discharged from the Air Force.

A complete copy of the AFPC/DPFDD evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an email, dated 30 Sep 16, the applicant states that his Human Resource (HR) office stated they need a new DD Form 215, Correction to DD Form 214, reflecting that he was discharged (Exhibit E).

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 note the applicant requests his DD Form 214 be changed because it is affecting his eligibility to credit his active duty service time with his employer.  He is also requesting a letter reflecting the date he was taken off of temporary disability.  However, according to the OPM website, the DD Form 214 or equivalent separation document is used to verify military service.  As such, it is suggested that the applicant provide his DD Form 214 along with Special Order ACD-00962 that reflects he was removed from the TDRL and discharged under the provisions of 10 USC 1203 to his employer.  Should the applicant provide evidence from his employer that the documents noted above are insufficient, we may be willing to reconsider his requests.  Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error of injustice.  In view of the above and in the absence of evidence to the contrary, we find no basis to grant any of the relief sought in this application.

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-2015-01802 in Executive Session on 12 May 16, 25 Jul 16 and 7 Oct 16 under the provisions of AFI 36-2603:

				    , Panel Chair
				   , Member
				    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 Apr 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 10 Jun 15,
  w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 15.
	Exhibit E.  Email, Applicant, dated 28 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.