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AF | BCMR | CY2001 | 0000846A
Original file (0000846A.doc) Auto-classification: Denied

                            ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-00846
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her rank be changed from staff sergeant (E-5) to master  sergeant  (E-
7).

_________________________________________________________________

STATEMENT OF FACTS:

Available documentation indicated that the applicant enlisted  in  the
Air Force Reserve on 2 Dec 88 in the grade of airman for a  period  of
six years.  Prior to  the  matter  under  review,  the  applicant  was
progressively promoted to the grade of staff sergeant.

A letter from the Physical  Disability  Division,  dated  18  Aug  99,
indicated that an Informal Evaluation Board (IPEB) found the applicant
unfit to perform the duties of her  office,  grade,  rank,  or  rating
based on a diagnosis of recurrent major depression  under  psychiatric
care.

An EEOC case decision, dated 14 Sep 99, indicates that,  on  9 Dec 96,
the applicant was discharged  from  her  agency  position  during  her
probationary period on the  grounds  of  unprofessional  conduct.   On
3 Nov 98, the applicant filed a formal complaint,  alleging  that  she
was the victim of unlawful employment discrimination on the  bases  of
race, color, sex, age, and reprisal.  On 3 Jun 99, the agency issued a
final decision.  The agency dismissed all the  allegations  raised  by
the applicant’s complaint for failure to initiate contact with an  EEO
Counselor  in  a  timely  fashion.   The  applicant  appealed  but   a
determination was made that the applicant’s contact with  her  initial
EEO Counselor was untimely regarding the matters raised in her  formal
complaint.

By letter, dated 19 Nov 99, the applicant was notified that separation
action had been initiated to discharge her from the Air Force  Reserve
with an honorable discharge.  The applicant  acknowledged  receipt  of
the notification on 13 Dec 99.

On 11 Jan 00, the discharge authority directed that the  applicant  be
separated from the Air Force Reserve with an honorable  discharge  for
physical disqualification.

Applicant was relieved from her assignment  and  honorably  discharged
from the Air Force Reserve effective 26 Jan 00.  She was credited with
10 years of satisfactory federal service.

On 18 Apr 01, the Board  considered  and  denied  an  application  for
correction of military records pertaining to the applicant,  in  which
she requested that her rank be changed from staff  sergeant  (E-5)  to
master sergeant (E-7).  A complete copy of the Record  of  Proceedings
is attached at Exhibit K.

On 4 May 01, the applicant provided additional evidence and  requested
reconsideration of her application.  Applicant’s complete  submission,
with attachments, is at Exhibit L.

Applicant  provided   additional   documentation   for   the   Board’s
consideration, which included a letter to the President of the  United
States and attachments (extracts  from  her  medical  records,  and  a
statement  in  her  behalf  from  a  medical   center).    Applicant’s
additional submission, with attachments, is at Exhibit M.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

In an earlier finding,  we  determined  that  there  was  insufficient
evidence to warrant any corrective action  regarding  the  applicant’s
request that her rank be changed from staff sergeant (E-5)  to  master
sergeant  (E-7).   We  have  reviewed  the  applicant’s  most   recent
submission and find the evidence provided insufficient  to  warrant  a
reversal of our previous determination in this case.  No evidence  has
been  presented  which  has  shown  to  our  satisfaction   that   the
applicant’s rank was  in  error,  or  that  she  met  the  eligibility
criteria for promotion to the higher grade.  Accordingly, we adhere to
our previous decision in this case and conclude that no  basis  exists
to act favorably on the applicant’s request.

_________________________________________________________________

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 28 Nov 01, under the provisions of AFI 36-2603:

      Mr. Patrick R. Wheeler, Panel Chair
      Mr. Lawrence R. Leehy, Member
      Ms. Marilyn Thomas, Member

The following additional documentary evidence was considered:

    Exhibit K.  Record of Proceedings, dated 27 Apr 01, w/atchs.
    Exhibit L.  Letter, applicant, dated 4 May 01, w/atchs.
    Exhibit M.  Letter to the President of United States,
                dated 26 Oct 01, w/atchs.




                                   PATRICK R. WHEELER
                                   Panel Chair



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