ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04394-2

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The Board reconsider his request to correct his record to reflect a military retirement, and backdate all of his retirement benefits to his 21 February 1979 discharge.  

RESUME OF THE CASE

The applicant is a medically retired Air Force master sergeant, who received a 50 percent disability retirement on 21 February 1979, with credit for 19 years, 4 months, and 15 days of active service.  On 9 October 2018, the Board considered and denied his request for a “15-year letter” and obtaining partial retirement benefits, finding that the prior request was not timely submitted.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit E.

On 5 December 2019, the applicant requested reconsideration of his request.  He again contends he should get a military retirement effective 21 February 1979.  At the time of his sudden discharge in 1979, he volunteered to perform other administrative duties, but was not given the opportunity to remain on active duty, being placed on the Temporary Disability Retired List (TDRL), and medically retired.  Two years later, in 1981 he was hired as a civilian employee by the Air Force performing the same duties (Air Traffic Control Instructor) as he was doing before the Air Force medically retired him.  It took four years, for the Air Force to remove him from the TDRL in March 1983, but they did not count any of that time towards his twenty years in the military.  In support of his request for reconsideration, the applicant submitted new evidence: copies of his U.S. Senator Constituent Service Request Form, a 5 December 2019 memo from Paralyzed Veterans of America, and an email exchange between the U. S. Senator’s office and SAF/LL.  

The applicant’s complete submission is at Exhibit F. 

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The applicant was medically retired with a compensable percentage of 50 percent for physical disability from active duty and placed on the TDRL on 21 February 1979.  Accordingly, per Title 38 CFR 3.750, veterans who receive disability retire pay under 10 U.S.C. Chapter 61 with less than 20 years of credible service are not eligible for concurrent receipt.  The applicant has failed to submit supportive documentation warranting granting the requested relief.  Therefore, the Board recommends against correcting the applicant’s records.

The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2017-04394-2 in Executive Session on 14 October 2020:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit E:	Original Record of Proceedings, w/Instrument, boarded 9 October 2018.
Exhibit F:	Application, DD Form 149, w/atchs, dated 5 December 2019.

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