RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04098

   	COUNSEL: NONE

	HEARING: NO 

APPLICANT’S REQUEST.  Change his type of separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, from “retirement” to “separated for medical reasons.” 

APPLICANT’S CONTENTION.  He was placed on the temporary disability retirement list (TDRL) with a 30 percent disability rating, but he was reevaluated and it was determined he no longer had a disability.  He does not receive retired pay or disability compensation.  Because his DD Form 214 indicates he is retired, his current employer, the State Department, will not give him service credit for his military service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  

On 22 Oct 78, the applicant was placed on the temporary disability retired list (TDRL), after serving 4 years and 17 days of active service.  

On 10 Apr 80, the applicant was removed from the TDRL and honorably discharged per order of the Secretary of the Air Force.  

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

AIR FORCE EVALUATION.  The AFPC Disability Office recommends denying the application.  Per DoD Instruction 1336.1, Certificate of Release or Discharge from Active Duty., Enclosure 3, Section 2, new DD Forms 214 will not be issued for members released from the TDRL.  However, AFPC provided the applicant his ACD 6277, dated 9 Apr 80, which confirms he was discharged (not retired) on 10 Apr 80.  The complete advisory, with attachments, 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 3 Feb 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

1.  The application was 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 or injustice.  The Board concurs with AFPC Disability Office and finds a preponderance of the evidence does not substantiate the applicant’s contentions.

THE BOARD RECOMMENDS:  The applicant be informed the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; 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 AFBCMR Docket Number BC-2016-04098 in Executive Session on 28 Mar 18:

Panel Chair
Panel Chair
Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 6 Oct 16 w/atchs.
Exhibit B: Master Personnel Records [Excerpts]
Exhibit C: Advisory opinion, AFPC Disability Office, dated 16 Oct 17, w/athcs.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 3 Feb 18.

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