RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00762 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His grade of staff sergeant (SSgt/E-5) be reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his placement on the Temporary Disability Retired List (TDRL) on 24 Jan 11. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was promoted to the grade of SSgt prior to his placement on the TDRL and the grade of SSgt should be reflected on his DD Form 214. In support of his appeal, the applicant provides a copy of his DD Form 214, issued 24 Jan 11. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty, on 24 Jan 11, and placed on the TDRL, effective 25 Jan 11, with a compensable disability rating of 30 percent, in the grade of senior airman (SrA/E-4). He was credited with 7 years and 10 days of active service for retirement. On 6 April 2011, the applicant’s retirement grade was administratively corrected to staff sergeant (SSG). Special Order No. ACD-01795 was issued, revoking Special Order No. ACD- 00199, issued 26 Oct 10, effectively retiring the applicant in the grade of staff sergeant (SSgt). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOE recommends denial of the applicant's request to have his rank on the DD Form 214 corrected to reflect SSgt as he became ineligible for promotion and did not hold that grade prior to retirement. However, they recommend Special Order ACD- 00199, 26 Oct 10, be corrected to reflect the grade of SSgt versus SrA in accordance with AFI 36-3212, PHYSICAL EVALUATION FOR RETENTION, RETIREMENT, AND SEPARATION para 5.15.4. In accordance with AFI 36-3212, paragraph 5.15.4., members who are retired on or after 23 Sep 96 may be retired in the regular or reserve grade to which they had been selected and would have been promoted had it not been for the physical disability for which they were retired. This is for retirement and pay purposes only. The DD Form 214 reflects the grade the member held at time of separation/retirement. The complete AFPC/DPSOE evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 Apr 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 in regard to the applicant’s stated request. 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 that relief beyond that already granted administratively is not warranted. The applicant’s grade of senior airman was accurately reflected on his DD Form 214 as the highest grade held at retirement. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00762 in Executive Session on 25 October 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Feb 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 28 Mar 11. Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11. Panel Chair