RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02645

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

The Separation Code and Separation Authority on his 15 Dec 06 DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his placement on the Temporary Disability Retirement List (TDRL).

APPLICANT CONTENDS THAT:

This error prevents the Department of Veterans Affairs (DVA) from calculating his educational benefits accordingly with a service member separating prematurely because of a line of duty (LOD) injury.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Air National Guard on 30 Sep 97.

On 2 Mar 06, a LOD determination was rendered on the applicant for a “right wrist injury.”

On 24 Jan 07, a Medical Evaluation Board convened and recommended the applicant receive an Informal Physical Evaluation Board (IPEB).  

On 3 Apr 07, the IPEB found the applicant unfit for duty because of physical disability, recommending “Temporary Retirement,” with 30 percent compensable percentage disability.  

On 10 May 07, the applicant was placed on the TDRL in the retired grade of staff sergeant (E-5), with compensable percentage for physical disability of 30 percent.  

On 7 Jun 10, the applicant was removed from the TDRL, and retired in the grade of E-5, with a compensable percentage of 30 percent for physical disability.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the applicant’s request to have his DD Form 214 corrected to reflect his placement and removal on the TDRL.  They found no evidence to show that the applicant continued serving on active duty from his separation date of 15 Dec 06 (Atch 1) until the effective date of his removal from TDRL, 07 Jun 10 (Atch 2).  Per AFI 36-3202, Separation Documents, and DODI 1336.01, Certificate of Release or discharge from Active Duty (DD Form 214/5 Series), no DD Form 214 is issued for removal from TDRL.  The applicant did not perform active duty service that would qualify him for a DD Form 214 for the purpose of TDRL.  However, they did identify other errors that needed correction on the applicant’s existing DD Form 214, and administratively corrected the Separation Authority (Item 25) to reflect “AFI 36-3209”, Separation Code (Item 26) to reflect “MBK”, and Narrative Reason for Separation (Item 28) to reflect (Completion of Required Active Service” (Atch 4).  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 25 Sep 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTS and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records beyond that rendered administratively.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02645 in Executive Session on 18 Sep 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 15 Aug 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 25 Sep 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.