RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-02135
		INDEX CODE  108.10
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His effective retirement date be changed from 19 Jul 78 to 27 Dec 82 so he would have 20 years, 6 months and 9 days of active service instead of 16 years and 1 month of active service.

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APPLICANT CONTENDS THAT:

He was placed on the Temporary Disability Retired List (TDRL) on 19 Jul 78 and remained there for 4 years, 5 months and 9 days.  He was removed from the TDRL and retired on 27 Dec 82 so he clearly had 20 years, 6 months and 9 days of service.  

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 Jun 62. 

On 19 Jul 78, after 16 years and 1 month of active service, he was released from active duty in the grade of technical sergeant and placed on the TDRL for disability under the provisions of AFM 35-4.  

He remained on the TDRL for 4 years, 5 months and 9 days until 27 Dec 82, at which time he was removed and permanently retired under the provisions of Title 10, USC, Section 1201, for mental illness (schizophrenia), rated at 50%.  Special Order AC-15125, dated 7 Dec 82, credits him with 16 years and 1 month of active service.  

The applicant was not issued a second DD Form 214 when he was permanently retired because, while on TDRL status, he was separated from active service.  Under the provisions of Title 10, USC, Chapter 61, Retirement or Separation for Physical Disability, Section 1208, time spent on the TDRL is not creditable service.

On 9 Sep 83, the AFBCMR denied the applicant’s 18 Feb 83 request for a 10% increase in his disability rating for dental care.

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AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial because a veteran’s period of time on the TDRL is not creditable for active service.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues the advisory’s assertions are unfounded and prejudicial because it does not cite the pertinent governing directives.  He believes his TDRL time should be accounted for as Air Force service.

A complete copy of the applicant’s response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded his time on the TDRL should be credited as active duty time.  The applicant’s contentions are duly noted; however, under the provisions of Title 10, USC, Section 1208, time spent on the TDRL is not creditable service.  The applicant was treated no differently under the law than others who have been placed on the TDRL and subsequently removed.  Under Section 1201, he was credited with 16 years and 1 month of active service for retirement.  The applicant has not established he suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 6 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-02135 was considered:

   Exhibit A.  DD Form 149, dated 6 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPD, dated 21 Jul 04.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.
   Exhibit E.  Letter, Applicant, dated 27 Aug 04.