RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			        DOCKET NUMBER: BC-2014-02764
 						COUNSEL:  NONE
						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge, be amended 
as follows:  
 
      His grade be changed to reflect Staff Sergeant (SSgt, E-5).   

      His reason for separation be changed from retirement to 
medical discharge.  


APPLICANT CONTENDS THAT:

Before being placed on the Temporary Disability Retired List 
(TDRL), he received a Promotion Sequence Number (PSN) for the 
grade of SSgt. 

After 18 months on the TDRL, a Medical Evaluation Board (MEB) 
removed him from the TDRL and he was given a medical discharge 
in the grade of SSgt.  

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


STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 25 Oct 05.

According to his DD Form 214, on 25 Feb 10, he was retired in 
the grade of Senior Airman (SrA, E-4) with a narrative reason 
for separation of “Disability, Temporary.”  

According to Special Order ACD-0633 dated 28 Jan 10, he was 
placed on the TDRL effective 26 Feb 10 in the grade of SSgt.  
 
According to an AF Form 356, Findings and Recommended 
Disposition USAF Physical Evaluation Board, dated 16 May 11, the 
IPEB found the applicant unfit due to his medical condition of 
acute myelogenous leukemia, in remission, with persistent 
splenomegaly and thrombocytopenia.  The IPEB recommended the 
applicant be Discharged With Severance Pay (DWSP) with a 
disability rating of 0 percent per the schedule for rating 
disabilities in use by the Department of Veterans Affairs (DVA).   

On 4 Aug 11, the applicant waived his right to a formal hearing 
and requested the Formal Physical Evaluation Board (FPEB) decide 
his case based on the medical records alone.  He acknowledged he 
understood that if the waiver was approved he had no further 
right to demand a formal hearing without substantial new 
evidence.  

According to Special Order ACD-93289 dated 1 Sep 11, effective 
21 Sep 11, the applicant was removed from the TDRL and 
discharged in the grade of SSgt by reason of physical disability 
with entitlement to disability severance pay.  


AIR FORCE EVALUATION:

AFPC/DPFD recommends denial of the applicant’s requests.  The 
preponderance of the evidence reflects no error or injustice 
occurred during the disability process.  

The applicant was selected for promotion to the grade of SSgt 
during Cycle 09E5 with a PSN which would have incremented on 
1 Apr 10.  The retirement order ACD 00633 dated 28 Jan 
10 placing the individual on the TDRL reflects the grade of 
SSgt.  However, the DD Form 214 is correct as the applicant had 
not worn the grade of SSgt prior to retirement.  The DD Form 
214 represents the applicant’s active duty time and it correctly 
reflects his grade as of 25 Feb 10, the date he was separated 
from active duty and placed on the TDRL.  The applicant was 
removed from the TDRL and DWSP.  When a member is removed from 
TDRL, a new DD Form 214 is not issued as the time spent on TDRL 
is retired time.  

A complete copy of the 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 29 Sep 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


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 an 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 the 
applicant has not been the victim of an injustice.  Therefore, 
in the absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief.


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-2014-02764 in Executive Session on 17 Mar 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary was considered:

	Exhibit A.  DD Form 149, dated 29 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFD, dated 14 Aug 14.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Sep 14.