RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01204 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be updated with the following: Block 12f, Foreign-Service, reflect 4 months for his service time in Kuwait supporting Operation DESERT FOX; Administratively corrected Block 23, Type of Separation, reflect “Discharge”; and Block 28, Narrative Reason for Separation, reflect “Disability”. APPLICANT CONTENDS THAT: He is employed by the Department of Veterans Affairs (DVA) and they have informed him that as long as his DD Form 214 indicates “Retirement,” he is ineligible to receive credit for his active duty service time toward his federal service. On 7 Sep 99, he was placed on the Temporary Duty Retired List (TDRL) and received a DD Form 214 that has “Retirement” in block 23, Type of Separation, and “Retirement, Temporary Disability,” in block 28, Narrative Reason for Separation. On 20 Apr 01, he was discharged and not retired, but never received a new DD Form 214 stating such. He also noticed that his DD Form 214 does not include his foreign-service time while deployed to Kuwait from October 1998 to February 1999 supporting Operation DESERT FOX. He does not have any documentation for the Temporary Duty (TDY) assignment, but this is where his disability occurred. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 9 Jun 94, the applicant entered the Regular Air Force. On 7 Sep 99, the applicant was placed on the Temporary Duty Retired List (TDRL). He was credited with 5 years, 2 months and 29 days including 20 days of foreign-service. According to Special Order No. ACD-00440 effective 20 Apr 01, he was removed from the TDRL and discharged in the grade of Senior Airman. He was credited with 6 years, 10 months and 12 days for basic pay and 5 years, 2 months and 29 days for severance pay. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFDD recommends denial indicating there is no evidence of an error or an injustice. The applicant was placed on the TDRL 7 Sep 99. On 20 Apr 01, he was removed from TDRL and discharged. When a member is removed from the TDRL, a new DD Form 214 is not issued or corrected since the time spent on the TDRL is not active duty time. Rather, a new order is issued indicating the service member’s final status. This order becomes a permanent part of the service record and should be attached to the DD Form 214 reflecting that the final disposition was removal from the TDRL and discharged. A complete copy of the AFPC/DPFDD evaluation is at Exhibit C. AFPC/DPAPP determined that the applicant’s request for credit for his service in Kuwait has been administratively corrected. After a complete review of his official military records and the documentation he provided, they were able to verify and confirm boots on the ground foreign-service time in Ali Al Salem Air Base, Kuwait from 10 Oct 98 to 12 Feb 99 totaling 4 months and 3 days. DPAPP requested correction to the applicant’s DD Form 214 and it will be sent directly to him. A complete copy of the AFPC/DPAPP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 27 Oct 15 for review and comment within 30 days (Exhibit E). 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 applicant was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; 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, including attachments, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief beyond that rendered administratively. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-01204 was considered: Exhibit A. DD Form 149, dated 9 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFDD, dated 25 May 15. Exhibit D. Memorandum, AFPC/DPAPP, dated 30 Sep 15. Exhibit E. Letter, SAF/MRBR, dated 27 Oct 15.