RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03008

  						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He receive retirement pay based on his retirement on 1 December 1970.

APPLICANT CONTENDS THAT:

He retired on 1 December 1970; however, his retired category was never established and he never received retirement pay.  He did not realize the retirement until he discovered it on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge and a letter from the Veterans Affairs office.

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

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 2 August 1967.

According to the applicant’s AF Form 356, Proceedings and Findings of USAF Physical Evaluation Board, dated 4 November 1970, he was found unfit for a herniated nucleus pulposus, with limitation of motion, moderate to severe weakness of extensor halluces longus on left and dorsal flexors of left foot, with suspected herniated nucleus pulposus at L5 – S1.  He was recommended to be placed on the Temporary Disability Retired List (TDRL).

According to Special Order AC-35324, dated 12 November 1970, on 1 December 1970, the applicant was relieved from active duty and placed on the TDRL effective 2 December 1970.  

According to the applicant’s AF Form 356, dated 5 June 1972, it was recommended that he be removed from the TDRL due to being fit for duty.   

According to the AFMPC/DPMARA memorandum, dated 16 August 1972, the applicant was notified that he was being removed from the TDRL due to being physically fit, effective 6 September 1972, and being transferred to the Air Force Reserve (AFR).  On the same date, DPMARA sent the applicant’s mother a letter advising her they were unable to locate her son.  Accordingly, they forwarded the final decision regarding the applicant’s disability evaluation to his mother’s address.  DPMARA requested the mother to advise them if she were to gain knowledge of the applicant’s whereabouts.

According to Special Order AC-30153, dated 18 August 1972, the applicant was transferred to the Air Force Reserve (AFR) effective 7 September 1972.  While placed on the TDRL, the applicant received 40 percent disability retirement pay (2 December 1970 through 18 August 1972).  

According to Reserve Order CA-049499, dated 9 August 1973, the applicant was honorably discharged from the AFR (AFR), effective 1 August 1973.

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:

AFPC/DPFDD recommends denial.  The applicant was processed through the Disability Evaluation System (DES) and subsequently placed on the TDRL effective 2 December 1970.  Upon placement on the TDRL, members are subject to reevaluation at the 18-month point.  His case was reviewed by the Informal Physical Evaluation Board and on 16 August 1972 he was notified by mail of his removal from the TDRL as physically fit effective 6 September 1972 and transferred to the Air Force Reserves.  

The applicant did not retired from the United States Air Force; rather, he was placed on TDRL for a period of 21 months (2 December 1970 to 6 September 1972).  All documents pertaining to these actions were included with his application.

A complete copy of the AFPC/DPFDD 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 10 December 2015 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 and do not find it supports a determination that the applicant should receive additional retirement pay.  Although the applicant contends he never received retirement pay, according to Special Order AC-30153, dated 18 August 1972, he received disability retirement pay while assigned to the TDRL from December 1970 through September 1972.  However, once he was removed from the TDRL on 7 September 1972 he was no longer “retired,” and the pay was terminated.  Therefore we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt some of its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has suffered an error or injustice.  In the absence of evidence, to the contrary, we find no basis to recommend granting the relief sought in this application.

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 issue 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-2015-03008 in Executive Session on 7 June 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 13 Nov 15.
	Exhibit D.  Letter, SAF/MRBR, dated 10 Dec 15.

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 with regard to AFBCMR Docket Number BC-2015-03008.