RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04947

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The following changes be made to her DD Form 214, Certificate of Release or Discharge from Active Duty:

a. Item 12b (Separation Date this Period) from 26 Feb 12 to 30 Jul 12.
b. Item 28 (Narrative Reason for Separation) from Disability Temporary to Disability Permanent.

APPLICANT CONTENDS THAT:

In order for her to be credited for military service during the period she was on the Temporary Disability Retired List (TDRL), her government employer requires an updated DD Form 214 to reflect the date she was released from the TDRL.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 12 March 2003.  According to Special Order Number ACD-00797 dated 29 December 2011, the applicant was relieved from active duty on 26 February 2012, and placed on the TDRL in the grade of captain (O-3) effective 27 February 2012, with a compensable disability rating of 70 percent.

In a letter to the applicant dated 11 July 2012, the Disability Operations Branch informed the applicant that competent authority directed her removal from the TDRL and that she be retired with a 70 percent disability rating.  The applicant was also informed that a DD Form 214 would not be issued because time spent on the TDRL is not counted as active time.

According to Special Order Number ACD-02889, dated 11 July 2012, the applicant was removed from the TDRL effective 30 July 2013 and retired in the grade of captain, with a 70 percent disability rating.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  According to AFI 36-3202, Separation Documents, service members who are removed from the TDRL will not be issued a DD Form 214.  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 3 October 2017 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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM 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).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  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.

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-2016-04947 in Executive Session on 3 May 2018:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 December 2016.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 29 September 2018.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 3 October 2017.

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