RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01307

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show he was honorably discharged on 7 Jan 14 due to being removed from the Temporary Disability Retired List (TDRL).

APPLICANT CONTENDS THAT:

He experiences problems setting up benefits every time he applies for a new job because his DD Form 214 reflects him as a retiree.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 Feb 04.

According to AFI 36-3202, Separation Documents, dated 22 Nov 05, Table 2, a DD Form 214 is not issued if a member is separated due to removal from the TDRL.  

According to Special Order NO. ACD-02559, dated 22 Jun 11, the applicant was placed on the TDRL on 23 Sep 11 in the grade of staff sergeant with a 30 percent disability rating. 

According to Special Order No. ACD-00536, dated 18 Dec 13, the applicant was removed from the TDRL and discharged with severance pay, effective 7 Jan 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/DP2STM-214 recommends denying the application.  Based on Air Force procedures and information that could be referenced, the applicant’s DD Form 214 was correctly prepared.  

By way of background, on 23 Sep 2011, the applicant separated from active service and was placed on the TDRL by special order NO. ACD-02559, dated 22 Jun 2011.  His DD Form 214, Block 28 reflects the narrative reason as “Disability, Temporary” and Block 23 reflects “Retirement.”  Upon removal from TDRL, the applicant would have received from the disability office a letter stating he would receive “The orders and an Honorable discharge certificate as a result of this removal action but does not mention a new DD Form 214 being completed.  The applicant provides copy of his DD Form 256, Honorable Discharge Certificate, dated 7 Jan 14 and his retirement order is in his record (ACD-00536, dated 18 Dec 13).

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 THAT:

1.  The application was not 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 that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM-214 and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  However, as noted by the Air Force office of primary responsibility, the applicant should use the letter he received from the Disability office along with his Honorable Discharge Certificate and retirement order to prove he is not retired from the Air Force, but was removed from the TDRL and discharged effective 7 Jan 14.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

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-2018-01307 in Executive Session on 26 Sep 18:

, Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Mar 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM-214, dated 14 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 pertaining to Docket Number BC-2018-01307.