RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-02848
                 INDEX CODE:  108

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He receives a change of retirement status.

2.  He be retroactively promoted to the grade of master  sergeant  (E-
7).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His failure to receive the promotion  to  the  grade  of  E-7  is  the
failure of the Portland Civilian Personnel Office to correctly  inform
the Wing Commander and applicant of the correct amount of time he  had
remaining as a GS-9 civilian.  Applicant states that his commander was
informed that the applicant had one year status quo when  in  fact  he
had only weeks left before being required to medically retire from the
civil service.

In support of his request, applicant submits a copy of a letter, dated
19 September 1997, that he indicates is a response to a  determination
made by the Congressional Inquiry Division, Legislative Liaison.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was notified on  31 August  1992,  of  his  eligibility  for
retired pay at age 60, having completed the required years of  service
under the provisions of Title 10, United States Code (U.S.C.), Section
1331.  Available records reflect that the applicant was  retired  from
the Air Force Reserve  on  16  December  1996  by  reason  of  medical
disqualification, in the grade of Technical  Sergeant  (E-6).  At  the
time of retirement from the Air Force Reserve, applicant had 24 years,
10 months and 24 days of satisfactory Federal service for  retirement.


Applicant  states  that  he  is  also  a  disabled  retiree  from  the
Department of the Air Force civil  service,  effective  1  June  1996,
where he served in a  position  in  the  grade  of  GS-9.   (Available
documentation reflects that  the  applicant  was  serving  in  an  Air
Reserve Technician (ART) position with civil service.

Applicant submitted a Congressional Inquiry, dated 22 April 1998, to a
Washington State Senator.   In  an  attachment  to  the  Congressional
Inquiry, the applicant submitted a letter, dated  1 April  1997,  from
his former military supervisor.  The supervisor stated that in January
1996, he completed a check ride of the applicant and  based  upon  the
successful  completion  of  the  evaluation  flight,  he  (supervisor)
determined that applicant was to be recommended for promotion  to  the
grade of master sergeant.  A few weeks later it was learned  that  the
applicant had become  ill  with  esophageal  cancer.   Following  this
discovery, all personnel actions were placed on hold focusing  on  the
health and wellness  of  the  applicant.   It  was  learned  that  the
applicant was in complete remission in June 1996 and just  as  efforts
began to promote the applicant in October 1996, it  was  learned  that
the applicant was to be either involuntarily separated  from  the  Air
Force Reserve or forced to retire.  Applicant was retired effective 16
December 1996 which impeded efforts to promote him prior to his forced
retirement from the Reserve Component.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Acting  Chief,  Military  Personnel  Division,   Directorate   of
Personnel,  HQ  AFRC/DPM,  states  that  a   review   of   applicant’s
documentation indicates he was medically retired from  the  Air  Force
Reserve.  There are no provisions  to  promote  someone  retroactively
after retirement.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
15 December  1997  for  review  and  response  within  30  days.   The
applicant did not respond to the evaluation; however, he did submit  a
Congressional Inquiry.

_________________________________________________________________

Numerous attempts to obtain the applicant’s medical records were to no
avail.  The Chief, Executive Support,  Directorate  of  Personnel,  HQ
AFRC/DPZ, stated that they are unable to determine the whereabouts  of
the applicant’s medical records.  They could also not find any  record
of applicant being a civil service medical retiree.  (Exhibit E).

There were also several requests made to the  Department  of  Veterans
Affairs (DVA) for medical records.   However,  there  was  a  negative
reply from the DVA.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Applicant was forwarded copies of the Air Force evaluations on 1 March
1998, pertaining to the Air  Force  Reserve  being  unable  to  obtain
medical records.

Applicant responded stating that he is a  disabled  retiree  from  the
Department of  the  Air  Force  civil  service  effective  June  1996.
Applicant indicates that records  are  on  file  with  the  Office  of
Personnel  Management,  Retirement  Operations   Center   in   Boyers,
Pennsylvania.  (Exhibit G).

A request was made to the Air Force Reserve requesting  any  personnel
or medical records pertaining to  the  applicant.   However,  the  Air
Force Reserve indicated that a search  was  made  and  there  were  no
records available.  The AFBCMR corresponded with the  applicant  on  9
July 1999 and requested that he obtain copies of any  medical  records
and forward them to the AFBCMR.

_________________________________________________________________

On 17 August 1999, the  AFBCMR  received  copies  of  the  applicant’s
medical records and a portion of the Air Force Reserve  documentation.


Available documentation reflects that on 3 September 1996,  a  request
was  made  by  the  939  Medical  Squadron/SGP  to  determine  if  the
applicant, an Air Reserve Technician (ART), could return to world wide
duty status.  On 18 September  1996,  the  Chief,  Aerospace  Medicine
Division, HQ AFRES/SGP determined that the applicant  had  been  found
medically disqualified for world wide duty by  reason  of  Large  Cell
Esophageal Carcinoma; S/P Chemotherapy, Radiation Therapy.  The  Chief
stated  that  applicant’s  medical  condition  was  incompatible  with
continued military service in the Air Force Reserve.  It appears  that
the applicant was placed in the Retired Reserve on 16 December 1996.

Additional documentation reflects that on 8  April  1997,  applicant’s
application for disability retirement from Government service had been
approved.  (There is  no  additional  documentation  to  indicate  the
actual retirement date from Government service).

Available documentation is attached at Exhibit H.

_________________________________________________________________

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 probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that his retirement should be changed or that he  should  be
retroactively  promoted  to  the  grade  of  master   sergeant.    His
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
recommendation provided by the Air Force.  We note that the Loadmaster
Superintendent at the applicant’s unit  states  that  he  completed  a
check ride of the applicant and determined that the applicant  was  to
be  recommended  for  promotion  to  the  grade  of  master  sergeant.
However, we do  not  find  evidence  that  the  applicant’s  commander
approved  a  recommendation  for  promotion.   Applicant  subsequently
became ill, was  medically  disqualified  for  continued  service  and
placed in the Retired Reserve.  Applicant’s illness precluded him from
being recommended for promotion and  serve  in  the  grade  of  master
sergeant.  HQ AFRC/DPM indicates  that  there  are  no  provisions  to
promote an individual after retirement.  We note that on 30 July  1996
the  Flight  Surgeon  of  the  939  Medical  Squadron  indicated  that
applicant’s oncologist declared applicant to be in complete  remission
of his esophageal cancer and released him to return to military  duty.
However, the applicant’s oncologist at Kaiser Permanente  stated  that
the applicant remained in substantial risk for relapse.  Therefore, we
found   no   error   or   injustice   in   the   applicant’s   medical
disqualification and subsequent transfer to the retired  reserve.   We
also note that at the time the applicant was  placed  in  the  retired
reserve  he  had  completed  24  years,  10  months  and  24  days  of
satisfactory service for retirement pay at age 60.  A letter, dated  8
April 1997, from the Office of Personnel Management also reflects that
the applicant’s  application  for  disability  retirement  from  civil
service was approved.  We therefore agree with the recommendations  of
the Air Force and adopt the rationale expressed as the basis  for  our
decision that the applicant has failed to sustain his burden  that  he
has suffered either an error or an injustice.  Therefore, we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that 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  this  application  in
Executive Session on 26 October 1999, under the provisions of AFI  36-
2603.

                  Mr. Thomas S. Markiewicz, Panel Chair

                  Mr. Joseph A. Roj, Member

                  Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Sep 97, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, HQ AFRC/DPM, dated 18 Nov 97.
   Exhibit D.  Letter, AFBCMR, dated 15 Dec 97.
   Exhibit E.  Letter, HQ AFRC/DPZ, dated 9 Oct 98.
   Exhibit F.  Letter, AFBCMR, dated 1 Mar 98.
   Exhibit G.  Applicant’s Letter, dated 9 Mar 99.
   Exhibit H.  Medical Records.




                                   THOMAS S. MARKIEWICZ

                                   Panel Chair