RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04907

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be placed back on the Temporary Disability Retired List (TDRL) to receive a proper medical judgement.  

APPLICANT CONTENDS THAT:

He was informed he missed an appointment at Travis AFB, however, he didn’t receive the orders for that appointment until about a month and a half after the date of the appointment.  After missing that appointment, he was advised he would be receiving an appointment and orders to the McChord AFB Medical Facility.  This was the last time he received any information regarding a new appointment.  He sporadically called over the last year and a half and was informed by the TDRL office they were still trying to secure an appointment.  He admits he did miss an appointment in Dec 09, but made all other required appointments.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Mar 01.

On 9 Apr 08, the applicant received a referral Enlisted Performance Report (EPR), overall “3” rating.  The EPR was referred due to the “DOES NOT MEET” rating in section 3, item 2, along with comments pertaining to him receiving five Letters of Reprimand (LOR), demonstrated financial irresponsibility, late for duty and missed mandatory appointments during the rating period.   

On 29 Apr 08, the applicant was furnished an honorable discharge, credited with 7 years, 1 month, and 22 days of active service,  and effective 30 Apr 08, placed on the TDRL in the grade of senior airman (E-4), with compensable percentage for disability of 70 percent.  

On 29 APR 2013, the applicant was removed from the TDRL and discharged without benefits in the grade of E-4 per AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, (5th anniversary date of placement on TDRL), for having failed to report for scheduled physical examination as required by law. 

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/DPFDC recommends denial indicating there is no evidence of an error or an injustice.  In accordance with (IAW) AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, Chapter 7, paragraph 7.24.1., Failure to Report for Periodic Examination: “Under provisions of this chapter, HQ AFPC/ DPPD [sic] schedules members nearing the 5th anniversary of the date placed on the TDRL for periodic examination. If these members refuse or fail to report after having been properly notified, or if HQ AFPC/DPPDS [sic] cannot locate the TDRL member, HQ AFPC/DPPDS [sic] refers the case to the IPEB, with a detailed account of all relevant circumstances.  Possible follow-on actions: 7.24.1.1. The IPEB may recommend permanent disability retirement, discharge with entitlement to disability severance pay, or removal from the TDRL and discharge without benefits.”

The applicant was placed on TDRL status 30 Apr 08.  He failed to make a 30 Nov 09 medical appointment at Lackland AFB, TX.  He was placed in no-pay status effective 12 May 10 for failure to report for a scheduled medical evaluation.  On 22 Jun 10, the applicant signed a memorandum requesting reinstatement of his retired pay and was provided an appointment for reevaluation on 21 Sep 10.  He attended the appointment, and on 1 Nov 10 the TDRL office reinstated his pay, effective 21 Sep 10.  The Informal Physical Evaluation Board (IPEB) reviewed the reevaluation and on 14 Dec 10 the decision was made to retain him on the TDRL.  Orders were produced 15 Jun 12, for another reevaluation appointment for 16 and 19 Jul 12 at Travis AFB, CA.  The applicant failed to appear for this appointment.  On 11 Feb 13, the TDRL office reached out to the applicant for his final reevaluation and he responded on 25 Feb 13 that he desired to be scheduled for reevaluation.   Individuals placed on the TDRL may be carried for a period not to exceed five years. The applicant’s 5-year date was 30 Apr 13; however, the TDRL office still pursued scheduling a final reevaluation at McChord AFB WA, in order to provide a final determination.  The TDRL office was notified by McChord AFB of the availability of an appointment on 22 Sep 14 (regrettably, they had no documentation to explain why an appointment was not obtained prior to that date).  However, the applicant was advised of the appointment and, again, failed to appear.  The TDRL office made a final attempt to have the applicant reevaluated; however, due to coding in the Defense Enrollment Eligibility Reporting System (DEERS) which indicated the applicant was no longer in a retire status, the medical treatment facility was unable to provide the requested appointment.  On 1 Apr 15 the TDRL office completed a 5-year panel as the applicant had exceeded the 5-year  maximum time allotted on TDRL and had failed to attend his final reevaluation appointments.  He was removed from TDRL without benefits.  The applicant was provided the four appointments for reevaluation over a 6-year span and failed to attend three, to include his final reexamination.  The TDRL office exceeded their obligation by extending him the opportunity to attend a final reexamination well outside of the 5-year maximum time allowed under the TDRL program.  

A complete copy of the AFPC/DPFDC 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 2 May 16 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.

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-2015-04907 in Executive Session on 20 Oct 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04907 was considered:

	Exhibit A.  DD Form 149, dated 9 Nov 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDC, dated 24 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 2 May 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.