RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03593 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect his date of separation (DOS) as 10 Sep 94 instead of 2 Sep 94, in order give him 20 years of total active military service. ________________________________________________________________ APPLICANT CONTENDS THAT: Prior to being hospitalized for pneumonia and chronic sinusitis, he had approved voluntary retirement orders in hand that would have given him 20 plus years of total active military service. Due to his medical condition, he was required to meet a Medical Evaluation Board (MEB) that ultimately decided to medically retire him, just seven days prior to reaching 20 years of total active military service. Subsequently, he was permanently retired with 30 percent disability. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 10 Sep 74. On 14 Jun 94, an MEB diagnosed the applicant with exacerbation of reactive airway disease, tobacco abuse, and chronic sinusitis and, as a result, recommended the applicant meet an Informal Physical Evaluation Board (IPEB). On 30 Jun 94, an IPEB found that the applicant’s reactive airway disease was incurred in Line Of Duty (LOD) and recommended temporary retirement and a disability rating of 30 percent. On 6 Jul 94, the applicant agreed with the findings and recommended disposition of the IPEB and waived his right to a Formal Physical Evaluation Board (FPEB). On 25 Jul 94, the Secretary of the Air Force (SECAF) directed the applicant be placed on the Temporary Disability Retired List (TDRL) with a disability rating of 30 percent. On 29 Jul 94, the applicant was released from active duty, effective 3 Sep 94, and placed on the TDRL with a disability rating of 30 percent. On 1 Sep 95, during a periodic review of the applicant’s status, the IPEB found that the applicant’s asthma incurred in the LOD and recommended his permanent retirement for physical disability with a compensable disability rating of 30 percent. On 30 Sep 95, the applicant agreed with the findings and recommended disposition of the IPEB and waived his right to a Formal Physical Evaluation Board (FPEB). On 12 Oct 95, the SECAF directed the applicant be removed from the TDRL and permanently retired with a compensable disability rating of 30 percent, effective 22 Oct 95. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial indicating there was no evidence of an error or injustice that occurred during the disability process. The applicant is seeking to qualify for the Concurrent Receipt Disability Pay (CRDP) Program, a phased-in restoration of the retired pay deducted from military retirees’ accounts due to their receipt of Department of Veterans Affairs (DVA) compensation. According to 10 U.S.C § 1414(b)(1), eligibility for CRDP requires at least 20 years of creditable service. Time spent on the TDRL list does not count toward active duty time. The applicant’s military personnel records indicate he had 19 years, 11 months, and 23 days of active service. The applicant does not have the required 20 years of active service time to apply for CRDP. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 Nov 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice. While the applicant was permanently retired for physical disability just seven days prior to attaining 20 years of active service, we find no evidence of an error or injustice in his disability processing, to include the manner in which his ultimate retirement date and creditable service for retirement was calculated. While the applicant may believe the fact that he was only seven days short of attaining 20 years of total active service renders him the victim of an injustice because he cannot qualify for concurrent receipt of disability pay (CRDP), he has presented no evidence to indicate that the manner in which his retirement date was selected was arbitrary or capricious or that he has been treated differently than others similarly situated. 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2013-03593 in Executive Session on 29 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Jul 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPFD, dated 17 Oct 13. Exhibit D. Letter, SAF/MRBR, dated 14 Nov 13. Panel Chair