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
_________________________________________________________________ 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. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s staff request, the Directorate of Military Law, AFRC/JAJM, reviewed this application and recommended denial. JAJM indicated that the...
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