RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01644
            INDEX CODE: 131.03

            COUNSEL:  None

            HEARING DESIRED: Yes


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be retroactively promoted to the grade of technical sergeant (TSgt).

2.  He receive back pay from his promotion eligibility date in 1996.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In December 1995, he was diagnosed with a  malignant  brain  tumor,  Central
Nervous System (CNS) Lymphoma.  His  chemotherapy  treatments  began  on  27
January 1996.  He received two treatments a month for 12 months and  now  is
in remission.  The  whole  year  he  was  in  treatments  the  Whiteman  AFB
hospital personnel were telling him that he would  definitely  be  medically
retired.  His military doctor and the Patient Travels personnel also  stated
this.  Since he was being told he would be medically retired  and  with  the
confusion of the cancer treatments, he believed these  people  and  did  not
study for promotions and was not at work 13 December  1995  through  7  June
1996.  The base hospital doctor did not let him test  in  1996  due  to  his
treatments.  In January 1997, not even one month after his  last  treatment,
he was told by the testing monitor at Whiteman AFB that he had  to  test  in
March 1997.  He told the test monitor what his problem was  and  asked  what
could be done about it.  The test monitor stated he would ask his  chain  of
command to back date the test in 1997 to the test scores in 1996.  He  still
did not make promotion.  He then told the testing monitor he did  not  study
due to the chemotherapy treatments and was told that was  the  only  way  it
could be done and the 1996 test was destroyed.   His  civilian  doctor  also
stated that his short term memory was weaker and it would be back to  normal
in approximately 1-2 years.

In  support  of  the  appeal,  applicant  submits   medical   documentation,
Inspector General Personal and Fraud, Waste & Abuse Complaint  Registration;
Supplemental   Promotion   Consideration,    Cycle    96E6,    Notification;
Notification of  Personnel  Reliability  Program  Permanent  Decertification
Action; Physical Profile Serial Report; a statement from Dr.  E.  J---  H--;
and 2 statement from Dr. C--- C---;

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
staff sergeant.

On 2 January 1996, the applicant was diagnosed with central  nervous  system
malignant lymphoma in the right side of his brain.

Throughout 1996 he underwent  an  extensive  course  of  chemotherapy  which
involved monthly hospitalizations for direct infusion  of  medications  into
the cranial arteries supplying this tumor mass.

The applicant was non-weighable (could not be considered because he did  not
test) for the 96E6 cycle (testing months January - March 1996).

On 6 November 1996, a Medical Evaluation Board (MEB)  convened  at  Whiteman
AFB and referred the applicant’s case to a Physical Evaluation  Board  (PEB)
with a diagnosis of Primary Central Nervous System Lymphoma.

On 12 December 1996, the Informal PEB (IPEB) found  the  applicant  fit  for
further military service with an excellent response to therapy and was  free
of disease and neurologic deficit.  Recommended return to duty.

On 26 March 1997, the applicant tested for the 97E6 cycle.

On 31 March 1997, the applicant was returned to  duty.   His  condition  was
considered restricting and required an Assignment Limitation  Code  “C”  not
to be assigned outside CONUS, Elmendorf, Alaska, Hawaii, or Puerto Rico.

On  18  September  1997,  the  applicant  was  returned  to  duty  with   no
restrictions, including driving.

The  applicant  was  provided  supplemental  promotion   consideration   for
promotion to the grade of TSgt by cycle 96E6 using his test
scores from the cycle 97E6 (testing  months  January  -  March  1997).   His
total score for cycle 96E6 was 300.79 and  the  cutoff  score  required  for
promotion was 353.91.

The applicant tested for the 98E6 (testing  months  January  -  March  1998)
cycle and missed promotion by 13.92.

EPR profile since 1990 reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

            15 Aug 90             5
            15 Aug 91             5
            01 Jan 92             5
            30 Jun 92             5
            04 Apr 93             5
            04 Apr 94             5
            04 Apr 95             5
            04 Apr 96             5
            24 Jul 97             5

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant,  reviewed  this  application  and  states  that
while the feeling at his base might have been that he would  undoubtedly  be
medically retired, as he contends, and  which,  therefore,  disinclined  him
from test studying, such decisions do not rest with local  authorities,  and
his return to duty was appropriate considering the  marked  benefits  gained
in the course of his chemotherapy.  It would  have  been  more  appropriate,
perhaps, to convene an MEB early on in  the  course  of  this  illness  when
referral to the Physical Evaluation System and might well have  resulted  in
placement on the Temporary Disability Retired List until resolution  of  his
problem became apparent.  As it was, the applicant continued  to  draw  full
pay and allowances for the year of treatment  in  spite  of  not  performing
regular duty.  In March 1997, after the Physical Standards decision, he  was
returned to one-half day duty, per his statement made  in  an  IG  complaint
filed on 3 November 1997 regarding these matters.  It  is  most  unfortunate
that the applicant suffered from development of this life-threatening  brain
tumor and that he was unable to complete testing for promotion in  the  year
of his therapy.  Records do not indicate, however, that  he  was  “medically
denied” the opportunity to complete such testing,  and  the  seriousness  of
his illness and the necessity for heroic treatment measures to  effect  what
appears to be a complete remission of disease, were sufficient to  interdict
testing until his course of treatment was completed.  Had  earlier  referral
to the DES been accomplished, as
he  (BCMR  Medical  Consultant)  feels  would  have  been  appropriate,  the
question of testing would have been moot.  While illness,  and  particularly
severe illness as experienced by the applicant, is often disruptive to  life
events, the applicant’s request for retroactive promotion and pay cannot  be
favorably considered.  The BCMR Medical Consultant is of  the  opinion  that
no change in the records is warranted and the application should be  denied.


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

The Chief, Inquiries/BCMR Section, Enlisted  Promotion  &  Mil  Testing  Br,
AFPC/DPPPWB, also reviewed this application  and  states  that  present  Air
Force policy does not allow for an automatic promotion as the  applicant  is
requesting.  They are confident all of  their  enlisted  promotion  programs
are fair, equitable, and provide an equal opportunity  for  everyone  to  be
promoted.  The applicant was provided supplemental  promotion  consideration
for the 96E6 cycle using his test scores from the  97E6  cycle.   His  total
score for cycle 96E6 was 300.79 and the cutoff score required for  promotion
was 353.91.  While the applicant believes he would have  been  promoted  had
he been able to test for the 96E6 cycle, this is speculation  and  there  is
no way of knowing if his score may have been high enough for  his  selection
to TSgt.  The following is the applicant’s testing history  while  competing
for TSgt: cycle  92A6,  Specialty  Knowledge  Test  (SKT)  44.68,  Promotion
Fitness Examination (PFE) 42.10; cycle 93A6, SKT  51.06,  PFE  49.48;  cycle
94A6, SKT 49.48, PFE 40.62; cycle 95A6, SKT 60, SKT 61.36; cycle  95E6,  SKT
58.69, PFE 57.57; cycles 96E/6/97E6, SKT 30.43, PFE 45.36; cycle  98E6,  PFE
52.32 (no SKT required).  The applicant missed promotion by  13.92  for  the
98E6 cycle and their records reflect that he can compete  for  promotion  to
TSgt under the Weighted Airman Promotion  System  (WAPS)  three  more  times
before his high year tenure of February 2002.  The applicant claims that  he
was given insufficient study time when he tested for  the  97E6  cycle.   He
states that he was told in January 1997 that he would test  in  March  1997.
However, in accordance with AFI  36-2605,  attachment  10,  individuals  who
become eligible for testing unexpectedly, are given 30  days  to  test  from
the date of identification.  The applicant tested  on  26 March  1997,  more
than two  months  from  the  time  he  was  notified.   They  recommend  the
applicant’s request for automatic promotion  to  TSgt  be  denied.   He  was
provided fair and  equitable  promotion  consideration  in  accordance  with
existing  policy  and  procedures  and  not  selected.   He   was   provided
supplemental promotion consideration  using  the  same  procedures  that  is
afforded to others in similar circumstances.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 August 1998, a copy of the Air Force  evaluations  were  forwarded  to
the applicant for review and response within 30 days.  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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  Applicant’s contentions are  duly
noted; however, we agree with the opinions and recommendations  of  the  Air
Force and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim of an error or injustice.   The  applicant
indicates that he was denied the opportunity to test for promotion  in  1996
due to medical problems and when he was finally told to prepare for  testing
for the 97E6 cycle, he was given  insufficient  study  time.   While  it  is
unfortunate  the  applicant  suffered  from  the  development  of  a   life-
threatening brain tumor, it is noted that he had more  than  two  months  to
prepare for testing  during  the  97E7  cycle.   The  Board  notes  that  in
accordance with AFI 36-2605 individuals  who  become  eligible  for  testing
unexpectedly are given 30 days to test  from  the  date  of  identification.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

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 9 March 1999, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Rita J. Maldonado, Member
      Ms. Gloria J. Williams, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 June 1998, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated
                       31 July 1998.
      Exhibit D. Letter, AFPC/DPPPWB, dated 18 August 1998,
                       w/atch.
      Exhibit E. Letter, AFBCMR, dated 31 August 1998.





                             TERRY A. YONKERS
                             Panel Chair