RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02708

XXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, narrative reason for separation be changed to reflect permanent retirement.

APPLICANT’S CONTENTIONS

His DD Form 214 shows the narrative reason for separation as “Disability, Temporary”, however, he was permanently retired from active duty 10 Oct 12.  The Air Force Personnel Center sees this as an error and is holding up his federal employment.     

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a medically retired Air Force senior airman (E-4).

On 8 Jun 04, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Regular Air Force.

On 26 Feb 11, according to Special Order XXX-XXXXX, dated 26 Jan 11, the applicant was placed on the Temporary Disability Retired List (TDRL) in the grade of senior airman with a compensable percentage for physical disability of 30 percent.

On 10 Oct 12, according to Special Order XXX-XXXXX, dated 20 Sep 12, the applicant was removed from the TDRL and retired in the grade of senior airman with a compensable percentage of 30 percent for physical disability. 

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

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  In accordance with the DD Form 214 guidance, once an individual is removed from the Temporarily Disability Retired List (TDRL) and placed on the Permanent Disability Retired List (PDRL), a second DD Form 214 is NOT prepared.  The applicant was placed on TDRL effective 25 Feb 11.  If the applicant was removed from TDRL and placed on PDRL, the applicant was provided documentation by the Disability board in conjunction with the original DD Form 214 provided in 2011.  He must provide that documentation along with his original DD Form 214 to respective agencies.       

The complete advisory opinion is at Exhibit C.    
AFPC/DPFDC recommends denying the application.  When a member is removed from the TDRL, a new DD Form 214 is not issued since the time spent on TDRL is not active duty time, AFI 36-3202, Table 2, Rule 18, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series),  rather, the new order indicates 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 reflecting that the final disposition was removal from TDRL and PDRL.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 15 Feb 22 for comment (Exhibit E) 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 recommendations of AFPC/DP2SSR and AFPC/DPFDC, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board finds the application untimely and 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-2021-02708 in Executive Session on 17 May 22:

, 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 30 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 9 Feb 22.
Exhibit D:	Advisory Opinion, AFPC DPFDC, dated 11 Feb 22.
Exhibit E:	Notification of Advisories, SAF MRBC, dated 15 Feb 22.

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.