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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