RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00238 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be reimbursed for the cost of moving his household goods (HHGs). 2. He be awarded the retired grade of chief master sergeant (CMSgt). _________________________________________________________________ APPLICANT CONTENDS THAT: He was the Operations Superintendent for the 186th Security Forces Squadron (SFS) in Mississippi (MS). He was in an Active Guard Reserve (AGR) position (Title 32 active duty). His home of record (HOR) is in Missouri. He was informed by his doctors he would need home care. While on convalescent leave for approximately 14 months, he was required to travel from his HOR to his duty location in MS every thirty days for medical follow-up appointments at the local Naval Air Station (NAS) hospital. He paid for these 1200 mile round-trips out of his own pocket. In Feb 07, the NAS doctor he was seeing asked that he be transferred to his HOR for his care and follow-up visits every 30 days. His Air National Guard (ANG) medical personnel and Wing command was confused about how to transfer him to his HOR. Permanent Change of Station (PCS) was available but no one knew how to get it done. Two months later, he met with his command staff to find out how to get his HHG delivered to his HOR as he had been living on rented furniture for the past nine months of his convalescent leave. The meeting resulted in him being told he could move his HHGs to his HOR while on convalescent leave and that from that time forward he would no longer have to make the trip to the NAS hospital for follow-up visits. In May 07, he moved his HHGs to his HOR. Two weeks later, however, he was told he would, in fact, have to return to the NAS hospital every 30 days for follow ups while on convalescent leave and that he could not file a claim for payment of his Do-It-Yourself (DITY) move of his HHGs until after he received a retirement order. After retiring, he filed a claim for reimbursement of his DITY move but was told he would have to apply to the Air Force Board for Correction of Military Records (AFBCMR) in order to receive any monies. While all this was happening, he was informed that his supervisor, the base security manager, was retiring in Jan 07. The security manager position is a CMSgt position in the SFS. Because he was the ranking non-commissioned officer-in-charge (NCO) in the SFS, and in the position directly below the security manager, he applied for the position. Upon presenting his application, he was told since he was on a medical profile and his continued fitness to serve was being considered by a Medical Evaluation Board (MEB), that he was not eligible for promotion and could not apply for the position. He notes a master sergeant (MSgt) from the supply squadron, junior to him in grade and in responsibility, was selected for the position. As a result, he, as a SMSgt and the superintendent of the SFS, found himself working for an MSgt. He believes he was denied the opportunity to apply for the position simply because he was on medical waiver and the results of his MEB had not yet been determined. This entire situation came about as a result of him answering the call of duty by deploying to Iraq. If he had not deployed, he would be the SFS security manager as a CMSgt and would not have had to move at all. Neither would he be in the dire financial situation he finds himself in today. In support of his appeal, the applicant provides a personal statement, several AF IMTs 988, Leave Request/Authorization, copies of his MEB package to include his retirement order, and certain pertinent e-mails. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant served 28 years, 1 month, and 14 days of satisfactory service for pay and over 21 years of active duty that qualified him for a length-of-service retirement. He was injured while serving in Iraq. After approximately 14 months of convalescent leave, an informal physical evaluation board (IPEB) found him unfit for continued military service on 17 Sep 07. He was permanently disability retired in the grade of SMSgt (E-8) with a compensable percentage for physical disability of 20 percent in accordance with 10 United States Code (U.S.C) Section 1201. His retirement was effective 1 Feb 08. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS concurs with the ANG subject matter expert (SME) NGB/A1POE and recommends denial of the applicant’s request to retire in the grade of CMSgt. A1POE cites ANG Instruction (ANGI) 36-2502, Promotion of Airmen, wherein is stated a member is ineligible for promotion consideration if the member “…has a medical profile of 4P and is not qualified for worldwide duty.” The applicant was clearly on a “4” profile and was, therefore, disqualified for worldwide duty. There is no provision for awarding a member a grade which he or she did not hold, satisfactorily or otherwise. A1PS’s complete evaluation, with attachment, is at Exhibit B. NGB/A4RDT recommends the Board grant the applicant’s request for reimbursement for his personally procured move (PPM). A4RDT is satisfied that the difficulty the applicant describes in his application meets the intent of AFSUP JFTR, paragraph A14.15. Despite the fact the applicant lacks an order authorizing his PPM, the JFTR excuses such a lack of documentation if a member experiences an event beyond the member’s control that prevents prior approval and issuance of a Travel Order Processing System (TOPS) generated DD Form 2279 for a personally procured HHG move. A4RDT recommends the applicant be reimbursed via either of the two following methods – whichever is most beneficial to the applicant: 1. Reimbursement of actual cost incurred not to exceed the Government Constructed Cost (GCC) for weight moved up to the members’ maximum authorized weight allowance. 2. A monetary allowance equal to 95% of the GCC. A4RDT’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant enclosed copies of a DD Form 2278, Application for Do It Yourself Move Counseling Checklist, and a DD Form 1351-2, Travel Voucher or Sub voucher, as supporting documentation. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with regard to the applicant’s request for promotion to CMSgt. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting a portion of the relief sought in this application. 4. Notwithstanding our determination above, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding his request for reimbursement for shipment of his HHGs. We took notice of the applicant's complete submission in judging the merits of the case and we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant should be reimbursed for the cost of his Household Goods at a rate most advantageous to him. Therefore, we recommend that the records be corrected as indicated below. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 May 2007, competent authority approved his request to move his household goods (HHG), before issuance of orders, in accordance with AFSUP JFTR/JTR paragraph A14.15 and that reimbursement for the personally procured movement of HHG is authorized in accordance with AFSUP JFTR/JTR, paragraph A14.1.2. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00238 in Executive Session on 5 January 2010, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Nov 08, w/atchs. Exhibit B. Letter, NGB/A1PS, dated 2 Sep 09, w/atch. Exhibit C. Letter, NGB/A4RDT, dated 4 Sep 09. Exhibit D. Letter, SAF/MRBR, dated 18 Sep 09. Exhibit E. Letter, Applicant, dated 1 Oct 09, w/atchs. Panel Chair AFBCMR BC-2009-00238 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 May 2007, competent authority approved his request to move his household goods (HHG), before issuance of orders, in accordance with AFSUP JFTR/JTR paragraph A14.15 and that reimbursement for the personally procured movement of HHG is authorized in accordance with AFSUP JFTR/JTR, paragraph A14.1.2. Director Air Force Review Boards Agency