RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03494 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be retained on the Temporary Disability Retired List (TDRL) with a 30 percent disability rating rather than removed from the TDRL and discharged with severance pay at a 10 percent disability rating. _________________________________________________________________ APPLICANT CONTENDS THAT: She was not aware a final decision was being made regarding her medical condition and placement on the TDRL. She was out of the country when the letter arrived and did not have a chance to dispute the board’s decision to take her off the TDRL. She would like a chance to submit a written rebuttal to the Secretary of the Air Force. Seeing a doctor has helped her and she would not willingly have jeopardized her chances of receiving care. If she knew a formal decision was being made, she would not have left the country. In support of his request, the applicant provides a copy of her special order and a copy of a letter from AFPC/DPSDD. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 4 Jan 05 and was progressively promoted to the grade of senior airman (E-4), having assumed that grade effective and with a date of rank of 4 Jan 08. An Informal Physical Evaluation Board (IPEB) convened on 2 Dec 08 and diagnosed her with major depressive disorder (MDD), existed prior to service, but aggravated by military service. The IPEB found her unfit for duty and recommended her to be temporarily retired with a combined compensable rating of 30 percent. On 14 Jan 09, the applicant was placed on the TDRL with an effective date of retirement of 24 Feb 09. The applicant underwent her first TDRL re-evaluation on 10 May 10. The IPEB reviewed her case with the new narrative dated 19 Jul 10and recommended removal from the TDRL and be discharged with severance pay. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states the applicant was notified by mail of the IPEB’s recommended findings with instructions to return her election to agree or disagree with the findings. The package was sent to her address in Eugene, Oregon. The letter stated that she must return her election to their office by 14 Aug 10, and if DPSD did not receive a signed reply by the suspense date, they would understand that she agreed with the findings. She was removed from the TDRL effective 29 Sep 10 with severance pay. The DPSD complete evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 Apr 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03494 in Executive Session on 9 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 25 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11.