RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-04394

XXXXXXXXXXXXXXXXX			COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

He be provided a “15-year letter” and obtain partial retirement benefits.

APPLICANT CONTENDS THAT:

He was diagnosed with Multiple Sclerosis, required medication, and was medically retired 7 ½-months short of a 20-year retirement.  He understands service members with over 15-years of military service, but less than 20-years, can receive a “15-year letter” and partial retirement benefits.  He has a 50 percent disability rating with the Department of Veterans Affairs (VA) and should be able to collect both his full retirement benefits and disability compensation.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  

In 1973 the applicant was diagnosed with Multiple Sclerosis.

On 9 Feb 79, the applicant signed DD Form 418, Data for Payment of Retired Armed Forces Personnel, and acknowledged/elected his disability retirement compensation.

On 21 Feb 79, the applicant was placed on the Temporary Disability Retired List (TDRL), with a disability rating of 50 percent, and 19 years, 4 months, and 15 days of active service.

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

AIR FORCE EVALUATION:

AFPC/DPFD recommends denying the application.  When a member is placed on TDRL they do not accrue active duty service time; therefore, a new DD Form 214 will not be issued once removed from TDRL. 

Temporary Early Retirement Act (TERA) authorized members with over 15, but less than 20 years of total active duty service to apply for early retirement.  The TERA program started 1 Oct 91 and ended Sep 02.  Since the applicant was placed on TDRL on 21 Feb 79, he is not eligible for TERA (“15-year letter”.)  

Concurrent Retirement and Disability Pay (CRDP) allows military retirees to receive both military retired pay and VA compensation.  Entitlement to CRDP includes having a VA disability rating of 50 percent or greater, and: Regular retiree; Reserve retiree with 20 qualifying years of service and retirement age; retired under TERA; or disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability.  Since the applicant is not entitled to a qualifying retirement, he is not eligible for CRDP.  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 Aug 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

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 that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFD and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2017-04394 in Executive Session on 9 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-04394:

Exhibit A:  Application, DD Form 149, w/atchs, dated 25 Sep 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DPFD, w/atchs, dated 19 Aug 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 21 Aug 18.

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