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AF | BCMR | CY2002 | 0201867
Original file (0201867.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-01867
                                        INDEX CODE:  112.02
                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was promoted from E-2  (Airman)  to  E-3
(Airman First Class) prior to his disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to his separation he should have been considered for promotion  to  E-
3.  Servicemen  with  10  months  service  were  considered  for  promotion,
therefore, he also should have been.  The Board should consider  his  appeal
because it would be just.

Applicant provides no supporting documentation.  Applicant’s  submission  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 26 August 1973, the applicant was relieved from active duty in the  grade
of airman because of physical disability and his  name  was  placed  on  the
Temporary Disability Retired List (TDRL).  At the time of his  release  from
active duty he was credited with 10 months and 24 days  of  active  military
service.  The applicant was continued in TDRL status until 22  August  1976,
when he was permanently retired in the grade of airman because  of  physical
disability.

The 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, which are a part of these  proceedings
at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of the application.  DPPD states that  a  review
of  the  disability   processing   proceedings   failed   to   uncover   any
discrepancies within the records, which would require that the  individual’s
retirement grade be changed from airman to  airman  first  class.  The  DPPD
evaluation is at Exhibit C.

AFPC/DPPPWB recommends denial of the application.   DPPPWB  states  that  in
accordance with policy in effect at the time of the applicant’s  separation,
an airman was promoted to the grade of E-3 when he completed 8 months’  time
in grade as an E-2.  Based on  the  applicant’s  date  of  rank  to  E-2  (3
February 1973), he would have been  promoted  to  E-3  on  3  October  1973.
However, placement on the TDRL rendered him ineligible for  promotion.   The
DPPPWB evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the advisory opinions were forwarded to the applicant  for  review
and comment on 19 July 2002.  As of this date, this office has  received  no
response.

_________________________________________________________________

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
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of  an  error  or  an  injustice.
Based on the applicant’s date of rank to airman (E-2), he  could  have  been
promoted to airman first class (E-3) until 3  October  1973.   However,  his
name  was  placed  on  the  Temporary  Disability  Retired  List  (TDRL)  on
26 August 1973; thus rendering him  ineligible  for  promotion  as  of  that
date.  We do not see any basis to conclude that there  has  been  an  error.
Therefore, 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 16 October 2002, under the provisions of AFI 36-2603:

      Mr. Albert F. Lowas, Jr, Panel Chair
      Mr. William H. Anderson, Member
      Mr. Thomas J. Topolski, Jr, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 June 2002.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 June 2002.
    Exhibit D.  Letter, AFPC/DPPPWB, dated 27 June 2002, w/atchs.
      Exhibit E.  Letter, SAF/MRBR, dated 19 July 2002





                                   ALBERT F. LOWAS, JR
                                   Panel Chair

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