RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

DOCKET NUMBER:  97-0 gp8J 2 9 1998 

IN THE MATTER OF: 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

Applicant  requests that  her  records  be  corrected to  reflect  a 
change in her time in service  ( T I S ) ;   she be awarded back pay for 
the  income  lost  during  her  period  on  the  Temporary Disability 
Retired List  (TDRL) ; and, she be given supplemental consideration 
for promotion to the grade of  technical  sergeant.  Applicant's 
submission is at Exhibit A. 

The appropriate Air Force offices evaluated applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit C).  The  advisory  opinions were 
forwarded to the applicant for review and response  (Exhibit D ) .  
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence  of  record, we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinions appear to be based  on 
the evidence of record and have not been rebutted by applicant. 
Absent  persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the  Board Mr.  David  C. Van  Gasbeck, Mr.  Richard  A. 
Peterson, and Mr. Jackson A. Hauslein considered this application 
on  20  Oct  98  in  accordance with  the  provisions  of  Air  Force 
Instruction 36-2603 and the governing statute, 10 U . S . C .   1552. 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C .   Advisory Opinions 
D.  SAF/MIBR Ltr Forwarding Advisory Opinions 

L 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

16 Dec 97 

MEMORANDUM FOR AFBCMR 
FROM: 

HQ AFPC/DPPD 
550 C Street West Ste 06 
Wdolph AFB TX 781 50-4708 

SUBJECT 

d o n  of Military k o  

REQUESTED ACTION Applicant requests that her military records be changed to - 

correct her time in service, back pay for income lost during her period on the Temporary 
Disability Retired List (TDK), and supplemental promotion consideration to Technical Sergeant 
based on her conclusion that she was erroneously placed on the TDRL. 

FACTS: Applicant was involuntarily retired fiom the Air Force on 1 I Mar 96 for 

medical disability under the provisions of AFI 36-3212 and placed on the TDRL.  Member had 
completed ten years, nine months, and eight days of active duty.  Subsequently, she was found fit 
for duty and removed from the TDRL on 3 Aug 97. 

DISCUSSION: The purpose of the military disability system is to maintain a fit and vital 
force by separating members who are unable to perform the duties of their grade, office, rank or 
rating. Members who are separated or retired for reason of physical disability may be eligible, if 
otherwise qualified, for certain disability compensations.  Eligibility for disability processing is 
established by a Medical Evaluation Board (MEB) when that board finds that the member may 
not be qualified for continued military service.  The decision to conduct an MEB is made by the 
medical treatment fkcility providing care to the member. 

. 

A review of the member’s records reflect that an MEB was conducted at Keesler AFB on 

27 Oct 95 for a diagnosis of “Sarcoidosis, Stage I, with progressive shortness of breath and 
dyspnea on exertion,” While she was first diagnosed with this condition in 1992, an MEB was 
not convened until 1995 when her condition had progressively worsened.  On 21 Nov 95, the 
Idomal Physical Evaluatibn Board WEB) found her unfit for continued military service and 
recommended she be placed on the TDRL, with a 30 percent disability rating.  Member concurred 
with the findings and she was placed on the TDRL effective 12 Mar 96. 

On 5 Jun 97, the member received her first TDRL re-evaluation.  Based on the updated 
medical documentation provided, her condition was found to have subsided and the IPEB found 
her fit for duty and recommended her removal from the TDRL. She was subsequently removed 
fkom the TDRL on 3 Aug 97 and she elected to retum to active duty on 4 Aug 97, 

After a thorough review of the applicant’s file, we found no errors or irregularities.  Her 
disability case was correctly processed, she was appropriately found unfit in Nov 95 and fit to 
rem to duty in Jun 97, and she was afforded all rights to which she was entitIed to under 
department directives and law. 

RECOMMENDATION: We recommend denial of the applicant’s request.  The applicant 

has not submitted any material or documentation to show that the service member was 
improperly processed or found unfit at the time of her temporary retirement. 

Directorate of Pers hog Management 

.  .. 

. 

DEPARTMENT OF  THE A I R   FORCE 

HEADQUARTERS  AIR  FORCE  PERSONNEL CENTER 

RANDOLPH AIR  FORCE  BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPPWB 

550 C Street West, Ste 09 
Randohh AFB TX 78 150-47 1 1 

A 

SUBJECT: Application for Correction of Military Records 

Requested Action.  The applicant is requesting correction to her time in service (removal 

of the time spent on the Temporary Disability List  (TDRL)), back pay, and supplemental 
promotion consideration to TSgt. 

Reason for Request.  The applicant claims that she was erroneously placed on the TDRL, 
and as a result, has lost valuable time-in-service and will have to serve an additional one and one- 
half year, and will not be able to test for promotion without a correction to her records. 

- Facts. The applicant was placed on the TDRL on 11 Mar 96 in the grade of SSgt.  She 

was subsequently found fit and returned to active duty on 4 Aug 97. 

Discussion. 

a.  When the applicant was placed on the "DRL on 11 Mar 96, she was ineligible for 
promotion consideration to TSgt for the 9636 cycle (promotions effective Aug 96 - Jul97) 
because she did not have the minimum time-in-grade (TIG) requirement.  At the time she was 
placed on TDRL, promotion testing was being conducted for the 96E6 cycle.  Although she is 
requesting supplemental promotion consideration to TSgt for the 97E6 cycle, she was ineligible 
for consideration because she was not on active duty. Promotion testing for the 97E6 cycle was 
conducted 15 Jan 97 - 31 Mar 97 with promotions effective Aug 97 - Jul98.  She must have been 
on active duty as of 3 1 Dec 96, the Promotion Eligibility Cutoff Date (PECD) for this cycle to 
have been eligible, assuming she met all other eligibility requirements. 

b.  Hq AFPCDPPD $as addressed the issue of the validity of her placement on the TDRL 

and we defer to their recommendation.  Unless the Board negates the TDRL and gives her credit 
for continuous active service while she was on the TDRL, she would not be entitled to 
supplemental consideration for the 97E6 cycle.  If the Board does grant her request, she would be 
considered supplementally with the Promotion Fitness Examination (PFE) only since she 
retrained into another Air Force Specialty in Sep 97 after she returned to active duty.  Because 
she has retrained from the 4N05 1 (Medical Services Journeyman) Air Force Specialty, she can 
no longer have access to the Specialty Knowledge Test (SKT) for it.  This is why she would be 

considered SKT exempt for any Supplemental consideration for the 9?E6 cycle.  In addition, she 
would be consid4red for the 97E6 cycle using thePPE score she obtains for the next cycle, 98E6. 
Testing for the 98E6 cycle will be conducted between 15 Jan 98 - 3 1 Mar 98.  In accordance with 
AFI 36-2505, Atbh 10 (Attach), when testing begins for the next cycle, tests for the previous 
cycle are destroyed as the Air Force does not administer obsolete tests for promotion 
COnsideratioL 

Recommendation.  We defer to the recommendation of Hq AFPCDPPD regarding the 
validity of her placement on the TDRL.  If supplemental promotion consideration for the 97E6 
cycle should be appropriate, the applicant would be considered with the PFE only (SKT exempt) 
based on the rationale provided. 

Chief, InquiriedAFBCMR Section 
Enlisted Promotion Branch 

Ahchment 
Extract cy MI 36-2505 

AFi36-2605 Attachmant 10  llJun4 1994 
42 
AI0.103.  Pcrroaad  Dcprrtlag b COatbWaCY O p u r t k ~ h  TCOs  rad TEs  will we  thc following  procedures for 
With h i t &  objtctivc~ (less then geaenl oc Limited WU),  aot including exercises. 
prsonnel deployed to red w ~ r M  
 90 day8  m ruppm of  a contingency  optmtim 60  calendar days 
A10.10.3.1.  Give dl mcmbus who  deploy  at  b t
preparation time (30 days penoarl timc Cllrludiag lave) md 30 days study timc) upon ntum (0 boabc station kfon testing 
cbem for prodon. Membcm must ensure tbey fecche the autbohd p e d  or study time. Thcy may waive lbeu right to 
the full 60 days prepamtion tirnc by signing I statement.  Complete pmotioo testing between 60 to 75 days rAet UICIII~CTS 
Ietum~deployment. 
A10.10.3.2.  Give dl m e m h  who deploy for less than 90 days a delay in testing up to 30 days upon quest from the  uait 
cownurdcr.  'Ibe unit cmnmdcr must base this quest on tbe duration of deployment and the conditions at the deployed 
locatiaa. 
A10.10.3.3.  Unit 0rdC;rly foams will advise MPFo as moa IS possiMe wben i membcr rquiring testiag is schcduki for 
deployment so tbat testing can ,bt recamplisbed before dcpturc.  Unit orderly rooms and MPFs  must advise deploying 
mcmbm to take their study references with thcm whenever possible. 
A10.11.  Testlng after the Normrl Tcsl Cy&  only test t n e m h  aut-of-cycle if they ere late gaiaS, previously overlooked, 
deployed,  medically excused,  or TDY for. the  dwtion of tht cycle.  Explain  supplemental promotion proceduns to the 
affected individuals (refer to Am 362502). 

. . ...