RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01992

            COUNSEL:  None

            HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement grade be changed to technical sergeant (TSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief  Inquiries/AFBCMR  Section,  Enlisted  Promotion  &  Mil  Testing
Branch, AFPC/DPPPWB, reviewed the application and states that based  on  the
set aside of the two Article 15s, the  applicant’s  grade  at  the  time  of
separation, 24 July 1998, was SSgt effective and with a date of  rank  (DOR)
of 1 November 1989.  Again, he had been selected for promotion  to  TSgt  on
19 May 1997 for the 97E6  cycle.   He  received  Promotion  Sequence  Number
(PSN) 3340.0 which would have been effective 1 December  1997  had  he  been
recommended by his commander and had otherwise been  qualified.   Given  the
applicant’s conduct and behavior, although it appears as  a  result  of  his
medical condition, it is doubtful his commander would have  recommended  him
for promotion to TSgt to be effective 1 December 1997.  They are  not  in  a
position to
determine if the promotion to  TSgt  would  have  been  approved,  withheld,
deferred, or  if  the  commander  would  have  removed  his  name  from  the
selection list based on his conduct and  behavior.   However,  they  do  not
recommend he be promoted to TSgt prior to his  placement  on  the  Temporary
Disability Retired List (TDRL) on 25 July 1998.  The FY 97 National  Defense
Authorization Act amended Section  1372  of  Title  10,  U.S.C.  authorizing
temporary or permanent disability retirement  in  the  grade  to  which  the
member  would  have  been  promoted,  had  it  not  been  for  the  physical
disability for which the member is retired and which was found to  exist  as
a result of a physical examination.  This amendment was signed into  law  23
September 1996.  They defer to the  decision  of  the  Board  regarding  the
applicant’s request to be placed on the TDRL on 25 July 1998  in  the  grade
of TSgt.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The  Chief,  Physical  Disability  Division,  Directorate   of   Pers   Prog
Management, AFPC/DPPD, reviewed the application and states  that  a  Medical
Evaluation Board (MEB) was conducted  on  24  March  1998  at  Ramstein  AB,
Germany and referred to the Informal Physical Evaluation Board  (IPEB).   On
8 April 1998, the  IPEB  found  the  member  unfit  for  continued  military
service for a  diagnosis  of  “Delusional  disorder,  erotomatic  type”  and
recommended he be placed on the TDRL with a 50  percent  disability  rating.
Applicant agreed with the findings and recommendation of the IPEB,  however,
because the member had been reduced in rank, his case was forwarded  to  the
Secretary  of  the  Air  Force  Personnel  Council  (SAFPC)  for   a   grade
determination to determine what military grade he would  be  placed  on  the
TDRL.  On 8 May 1998, the Secretary of the Air  Force  determined  that  the
member had served satisfactorily in  the  higher  grade  of  staff  sergeant
(SSgt) within the meaning of Section 1372,  Title  10,  USC.   Subsequently,
officials within the Office of the  Secretary  of  the  Air  Force  directed
applicant be placed on  the  TDRL  with  a  50  percent  disability  rating.
Member will assume the  retired  rank  of  SSgt  when  placed  on  the  TDRL
effective 25 July 1998.  Applicant now requests that his  retired  grade  be
changed to TSgt based on his selection to TSgt  during  the  97E6  promotion
cycle.  A review of the active duty HAF  file  on  23  July  1998  does  not
reflect his projected promotion to this grade.  They defer to  the  decision
of the Board concerning the applicant’s request to be placed  on  the  TDRL,
effective 25 July 1998, in the grade of TSgt.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  28
September 1998, for review and response.  As of this date, no  response  has
been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After reviewing the  evidence  of
record, the Board notes the memorandum from the  commander  stating  had  he
known the applicant suffered from such a serious mental condition  he  would
not have served  nonjudicial  punishment  on  him  and  he  set  aside  both
nonjudicial punishment actions.  Based on the commander’s  decision  to  set
aside both nonjudicial punishments, that was used as  the  basis  to  demote
the applicant, we believe that the applicant’s record  should  be  corrected
to the extent 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:

      a.    He was promoted to the grade  of  technical  sergeant  effective
and with a date of rank of 1 December 1997.

      b.     On  25  July  1998,  his  name  was  placed  on  the  Temporary
Disability Retired List in the grade of technical sergeant.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 December 1998, under the provisions of AFI 36-2603:

              Mr. Henry C. Saunders, Panel Chair
              Ms. Sophie A. Clark, Member
              Ms. Ann L. Heidig, Member
              Ms. Gloria J. Williams, Examiner (without vote)

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 4 Aug 98.
   Exhibit D.  Letters, AFPC/DPPD, dated 23 Jul 98 & 1 Sep 98.
   Exhibit E.  Letter, AFBCMR, dated 28 Sep 98.





                                   HENRY C. SAUNDERS
                                   Panel Chair



AFBCMR 98-01992




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    , be corrected to show that:

            a.   He was promoted to the grade of technical sergeant
effective and with a date of rank of 1 December 1997.

            b.   On 25 July 1998, his name was placed on the Temporary
Disability Retired List in the grade of technical sergeant.




                                                                    JOE G.
LINEBERGER

Director
                                                                    Air
Force Review Boards Agency