RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03161

   	COUNSEL: NONE
	
 	HEARING: NO

APPLICANT REQUESTS:

His discharge with severance pay (DWSP) be replaced with a medical retirement with a combined 60 percent disability rating. 

APPLICANT CONTENDS:

He was medically retired and was supposed to receive monthly retirement pay at 60 percent.  However, he was incorrectly removed from retired status and DWSP.  DFAS is now telling him he owes them $218,000, which he denies owing.   His ID card says he is retired, and the expiration date is “indefinite.”  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:  The applicant served in the Air Force Reserve in the grade of Staff Sergeant. 

On 30 Sep 11, the Air Force Personnel Center notified him he was physically unfit for further military service and was to be placed on the temporary disability retired list (TDRL) with a 60 percent disability rating.

On 16 Oct 11, the applicant was furnished a discharge certificate with a type of separation of “retirement” in order to be placed on the TDRL, and was credited with 13 years and 2 months of active service.

On 19 Dec 13, the Informal Physical Evaluation Board (IPEB) determined the applicant was unfit for further military service due to knee pain, post-meniscectomy, rated at 10 percent disability, and recommended he be removed from the TDRL and DWSP.  

Under Special Order No. ACD-01268, dated 12 Mar 14, the applicant was removed from the TDRL and DWSP, effective 1 Apr 14.   

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denying the application.  After full review of the TDRL re-evaluation narrative summary (NARSUM), the IPEB provided a recommended disposition to DWSP at 10%.  On 27 Dec 13, the TDRL office mailed the election letter and the AF Form 356 (Finding and Recommended Disposition of USAF Physical Evaluation Board) to the applicant.  Per the election letter, the applicant was provided an opportunity to concur/non-concur by 21 Jan 14.  On 12 Mar 14, the TDRL office finalized the applicant’s case due to the applicant not providing a response by the given suspense.  There is no evidence of an error or injustice to support the contention he was incorrectly removed from retired status and DWSP.  Recommend denial of the applicant’s request.   The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 21 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-03161 in Executive Session on 20 Jun 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 6 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings for Docket Number BC-2017-03161 required by AFI 36-2603, paragraph 4.11.9.