RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01386

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected from “Disability, Temporary” to “Placed on Permanent Disability Retired List (PDRL),” with a retirement date effective 15 Nov 98.

APPLICANT’S CONTENTIONS

According to a letter from Headquarters, Air Force Personnel Center, dated 26 Oct 98 and Special Order No. ACD-00056, dated 26 Oct 98, her official retirement date is 15 Nov 98.  She is applying for benefits from the Department of Veterans Affairs and needs a corrected DD Form 214.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a medically retired Air Force captain (O-4).

On 2 Oct 95, per Special Order No. ACD-01920, dated 10 Aug 95, the applicant was relieved from active duty.  Effective 3 Oct 95, she was placed on the Temporary Disability Retired List (TDRL) in the retired pay grade of captain with a compensable percentage for physical disability of 60 percent.

On 6 Oct 98, the Physical Evaluation Board recommended permanent retirement with a 70 percent disability rating.

Effective 15 Nov 98, per Special Order No. ACD-00056, dated 26 Oct 98, the applicant was removed from the TDRL and retired with a compensable percentage of 70 percent for physical disability.

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

APPLICABLE AUTHORITY

IAW AFI 36-3202, Separation Documents, Table 2, Rule 18, a DD Form 214 is not issued when a service member is removed from the TDRL.  AFI 36-3212, Personnel Physical Evaluation for Retention, Retirement and Separation, paragraph 7.22, states HQ AFPC/DPPD announces the final disposition on a Retirement Special Order.  These orders are the official notice to TDRL members of final disposition action.

AIR FORCE EVALUATION

AFPC/DPFDC recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant was placed on the TDRL effective 3 Oct 95.  On 15 Nov 98, the applicant was removed from the TDRL and placed on the PDRL and a new order was issued indicating the final status.  This order becomes a permanent part of the applicant’s military personnel file and can be attached to the DD Form 214.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 4 Sep 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes 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.

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-2019-01386 in Executive Session on 20 May 20:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Dec 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 21 Aug 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 Sep 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings related to Docket Number BC-2019-01386, as required by AFI 36-2603, paragraph 4.11.9.