RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00856
            INDEX CODE 131.00  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge papers be changed to reflect that he was promoted to the
grade of staff sergeant (E-5) while he was on active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The E-5 status was earned before the discharge but not  awarded.   The
status of E-5 was to be awarded three days after  discharge.   He  was
told by the First Sgt that he would  not  receive  the  E-5  promotion
because of his discharge being three days  before  the  1st  of  April
award date.  He is not asking for an increase in payment, however,  he
is just asking for the E-5 status that he earned so many years ago.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
12 April 1974 for  a  period  of  four  years  and  was  progressively
promoted to the grade of sergeant (E-4) effective  1 March 1973.

On 4 March 1977, a physical evaluation board (PEB) found the applicant
unfit because of a physical disability (Retinitis pigmentosa).  He was
released from active duty  and  placed  on  the  Temporary  Disability
Retired List (TDRL) effective 25 March 1977.  His records did not show
that he was on a promotion selection list at the time he was placed on
the TDRL.

On 19 March  1981,  the  applicant  was  removed  from  the  TDRL  and
permanently retired in the grade of sergeant, effective 7 April  1981.
He was awarded a 70% physical  disability.   He  served  5  years,  11
months and 18 days of active service.


The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained  in  the  letters
prepared by the appropriate offices of the Air Force at Exhibits B and
C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB  recommended  the  applicant’s  request  be  time  barred;
however, if the Board chose to  decide  the  case,  DPPPWB  recommends
denial on its merits.

On 4 Mar 77, officials within the office of the Secretary of  the  Air
Force made the determination  the  applicant  was  unfit  for  further
active military service and as a result, he was released  from  active
duty on 24 Mar 77 and placed on the TDRL. Officers and  airmen  become
ineligible for promotion when the Secretary of the Air Force has  made
a  determination  that  the  member  is  unfit  because  of   physical
disability (AFR 39-29, Promotion of Airmen, Table 3,  Line  I,  1  Aug
74). Secretarial determination is made after the boards  and  councils
of the Physical Disability Evaluation System have acted  on  the  case
and made their recommendation for  disposition  of  the  member  being
evaluated.  Ineligibility  occurs  on  the  date  of  the  Secretarial
determination and is effective that date,  irrespective  of  the  fact
that a member may be on an announced promotion selection list awaiting
promotion, or that the member may  actually  retire  or  separate  for
physical disability on a date subsequent to the  determination.  Since
officials within the office of the Secretary of the Air Force made the
determination on 4 Mar 77 that the applicant  was  unfit  for  further
active military service, he became ineligible for  promotion  on  that
date. Consequently, the applicant was not entitled to be placed on the
TDRL in the grade of SSgt, a grade that he did not hold prior  to  his
separation.

The AFPC/DPPPWB evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 12 April 2002, for review and comment.  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 not  timely  filed;  however,  it  is  in  the
interest of jutice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that his records should be changed to reflect  that  he  had
been promoted to the grade of staff sergeant while on active duty.   A
physical evaluation board found the applicant unfit for  duty  because
of a physical disability  and  placed  him,  while  in  the  grade  of
sergeant, on the Temporary Disability Retired List (TDRL) effective 25
March 1977.  As a consequence of being found unfit for duty, he became
ineligible for promotion as of that date.  Therefore,  we  agree  with
the recommendation 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.
Absent persuasive evidence to the  contrary,  we  find  no  compelling
basis upon which 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 Docket  Number  02-00856
in Executive Session on 13 June 2002, under the provisions of AFI  36-
2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. Frederick R. Beaman III, Member
                 Mr. David C. Van Gasbeck, Member









The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 Mar 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 2 Apr 02.
      Exhibit D. Letter, SAF/MRBR, dated 12 Apr 02.




      JOHN L. ROBUCK
      Panel Chair