AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS AUG  1 9  

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  9 8 - 0 0 0 3 0  
COUNSEL:  NONE 

HEARING DESIRED:  YES 

Applicant  is the widow of a  former service member who  requests 
that  the  former  service  member's disability  retired  grade  be 
changed  from  captain  to  major.  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). A 
response to the advisory opinions in the applicant's behalf is at 
Exhibit E. 

We  sympathize with the difficult circumstances and choices with 
which the applicant was faced, and we appreciate the applicant's 
pride in her husband's selection for promotion to major  and the 
pride he would have felt.  However, 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  adequately 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 applicant's case is adequately documentea and it has not been 
shown that  a  personal  appearance  with  or without  counsel will 
materially  add  to  our  understanding  of  the  issues  involved. 
Therefore, the request for a hearing is not favorably considered. 

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. Douglas J. Heady, Mr. Joseph G. Diamond, 
and Mr. Henry Romo, Jr. considered this application on 11 Aug  98 
in accordance with  the provisions  of  Air  Force  Instruction 3 6 -  
2603  and the governing statute, 10 U.S.C. 1 5 5 2 .  

dnvh  .I)*  19 
DOUGLAS J. HEADY 
Panel Chair 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D. 
E.  Response in Applicant's behalf 

SAF/MIBR Ltr Forwarding Advisory Opinions 

=- 

D E P A R T M E N T  O F  THE A I R   F O R C E  

HEADQUARTERS AIR  FORCE  P E R S O N N E L  C E N T E R  

R A N D O L P H  AIR  FORCE  BASE  TEXAS 

MEMORANDUM FOR  AFBCMR 
FROM:  HQ AFPCAIPPPO 
SUBSECP  Application for Correction of Military Records -- 

Reauested action:  Applicant’s spouse is requesting her husband’s grade be corrected to 

reflect  his selection to major.  We will only address the promotion aspect of this application. 

Basis for request:  Applicant’s spouse contends her husband was selected for major on the 

5 Jun 95 board. 

Recommendation: Denial. 

Facts and Comments: 

a.  Application is timely. 
b.  Applicant’s husband was selected for promotion to the grade of major by the 

CY95A Major Central Selection Board which convened at HQ AFPC  on 5 Jun 95. The results of 
the board were approved by the Assistant Secretary of Defense for Force Management P o k y  
(ASD/FMP) on 2 Aug 95 and released to the public on 15 Aug 95.  AI1 promotions to the grade 
of major and above must be confirmed by the Senate before an officer can be promoted.  The 
Senate confirmed the CY95A major list on 1 Nov 95 and the first increment began  1 Jan 96. 
Based on his sequence number of  159 1, had he remained on active duty, he would have been 
promoted 1 Jul96. 

c.  Applicant’s husband was placed on the Temporary Disability Retirement List 
on 3 Aug 95.  Although he was a major select, he was not on active duty to accept his promotion 
on 1 Jul96; therefore, the promotion is without effect. 

d.  An officer who is on a promotion list and dies while on active duty, but prior to 
his projected promotion date, may be posthumously promoted with a date of rank equal to date of 
death.  There are no monetary allowances authorized with a posthumous promotion. 

9800030 
-. . . .. .. . . . . 

2 

Sum-: 

There are no provisions in law to allow an officer to be promoted prior to 

Senate confirmation, or when not on active duty, with the exception of a posthumous promotion. 
This does not apply as officer was not on active duty at the time of his death.  We have no 
recommendation if the board’s decision is to grant relief to the applicant. 

a 
A LA-&- 

G, STATEN, Lt Col, USAF 

KATHR 
Chief, Officer Promotion & Appointment Branch 
Directorate of Pers Prog Mgt 

9800030 
. . . . . -. . . . . . . . 

- _  

DEPARTMENT OF THE AIR FORCE 
EEEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

20 Mar 98 

MEMORANDUM FOR AFBCMR 

FROM: 

HQ AFPCDPPD 
550 C Street West Ste 06 
Randolph AFB TX 78 150-4708 

SUBJECT:  Application for Correction of Military Records 7 

REQUESTED ACTION:  Applicant’s widow 

husband’s disability retired grade be changed from Captain to Major. 

requests that her 

FACTS:  Applicant entered into the military disability evaluation system through the 

stroke which occurred on 3 Jun 95, 

imminent death process on 4 Aug 95. 
member was rus 
airlifted to John 

the next-of-kin (NOK) and was finalized at this time, resulting in his placement on the 
Temporary Disability Retired List (TDRL) with a 100 percent disability rating. 

DISCUSSION: A Medical Evaluation Board (MEB) was conducted on 5 Jul95 at 

for a diagnosis of “Basilar artery thrombosis with resultant 
legia, right hemiparesis, multiple cranial nerve deficits.” 

Based on a subsequent massive seizure suffered by the member on 4 Aug 95, the hospital 
requested imminent death processing (imminent death confhned by attending physician within 
72 hours).  During this period member was also found to be incompetent for pay and records. 
The medical data was presented to the Informal Physical Evaluation Board (IPEB) for evaluation 
and they recommended he be placed on the TDRL with a 100 percent disability rating.  Due to 
his incompetent status, the member’s NOK (his spouse) acting on his behalf requested 
expeditious processing of her husband’s case.  Subsequently, she concurred with the IPEB’s 
recommendation of TDRZ, with a 100 percent disability rating and the member was placed on the 
TDRL effective 4 Aug 95.  Member died whiIe on the TDRL on 22 Dec 95. 

Applicant’s retired grade was established under the provisions of 10 United States Code 

(USC) 1372, which stated, 

“Unless entitled to a higher retired grade under some other provision of law, any 

80 

member of an armed force who is retired for physical disability ... is entitled to the 
grade equivalent to the highest of the following:  (1)  the grade or rank in which he 
is serving when his name is placed on the Temporary Disability Retired List; (2) the 
highest temporary grade in which he served satisfactorily, as determined by the 
Secretary of the armed force fiom which he is retired; (3) the permanent regular or 
reserve grade to which he would have been promoted had it not been for the 
physical disability&  which he is retired and which was found to exist as a result 
of a physical examination for promotion; (4) the temporary grade to which he 
would have been promoted had it not been for the physical disability for which he is 
retired, based on cumulative years of service or years of service in grade and the 
disabiiity was discovered as a result of a physical examination for promotions.” 

A thorough review of the case file and the governing statute reveaIed no errors or 

irregularities in the processing of the applicant’s case within the disability evaluation system. 
The applicant was appropriately retired in the grade of captain, the grade in which he was serving 
at the time of his retirement. 

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

TEPHEN J. CHMIOLA, Colonel, USAF 

J  Chief, Phisical Disability Division 

Directorate of Pers Prog Management 

9800030