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AF | BCMR | CY2004 | BC-2003-02733
Original file (BC-2003-02733.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2003-02733
                 INDEX CODE:  110.02, 108.10
                 COUNSEL:  NONE

                 HEARING DESIRED:  N0

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active  Duty,  be
amended to reflect his active duty grade as staff sergeant (E-5),  and  his
date of separation be changed to reflect the date he was removed  from  the
Temporary Disability Retired List (TDRL), which was 5 November 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received an honorable discharge on 5 November 2002 in the rank  of  staff
sergeant.

In support of his appeal, the applicant provides a copy of a  DD  Form  214,
copies of orders associated with his discharge,  a  copy  of  his  discharge
certificate, and a memo from ARPC/DPPRSP.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 30  May  1991  and  was
progressively promoted to the grade of staff sergeant, having  assumed  that
grade effective and with a date of rank of 1 Oct 99.

On 21 Nov 00, he received nonjudicial punishment under  Article  15  of  the
Uniform Code of Military Justice.  His punishment consisted of reduction  to
the grade of senior airman, effective and with a new date of rank of 21  Nov
00, and reprimand.

A Medical Evaluation Board (MEB) was convened on 15 Dec 00 and referred  his
case to an Informal Physical Evaluation Board (IPEB)  with  a  diagnosis  of
Panic  Disorder,  Obsessive-Compulsive  Disorder,   Sleepwalking   Disorder,
Partner    Relational    Problem,    Narcissistic    Personality     Traits,
Hypertriglyceridemia, problems with primary support group, and  GAF-55.   On
7 Feb 01, the  IPEB  found  him  unfit  for  further  military  service  and
recommended he be placed on the TDRL with a combined compensable  rating  of
30%.  The applicant agreed with the findings and recommended disposition  of
the IPEB.  The applicant's MEB package was forwarded  to  the  Secretary  of
the Air Force Personnel Council (SAFPC) on 12  February  2002  for  a  grade
determination.  SAFPC determined he had served satisfactorily in the  higher
grade of staff sergeant.  As a result of this decision, he  was  retired  in
the higher grade at the time he was placed on the TDRL, which  was  one  day
following his  release  from  active  duty.   He  was  placed  on  the  TDRL
effective 15 Jun 01.  He remained on  the  TDRL  until  5 November  2002  at
which time he was discharged with entitlement to  disability  severance  pay
with a 10% disability rating  under  the  provisions  of  Title  10,  United
States Code, Section 1203.  He was credited with 10 years  and  15  days  of
active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD, after reviewing the applicant's  disability  processing  records,
concluded the member was treated fairly  throughout  the  DES  process,  and
that he was properly rated under disability laws and policy at the  time  of
his medical discharge.  A minor error was  noted  on  his  separation  order
that removed him from the  TDRL  and  discharged  him  with  entitlement  to
severance pay.  The separation order reflects his  active  duty  grade  held
when placed on the TDRL as a staff sergeant.  The correct active duty  grade
held at the time was senior airman.  The  discharge  order  was  amended  to
reflect the accurate grade.

After reviewing the record, DPPD determined the applicant's  rank  and  date
of separation on the DD Form 214 are accurate as  stated,  in  that  he  was
indeed a senior airman at the time of his release from  active  duty,  which
occurred on 14 June 2001.  The DPPD advisory is at Exhibit C

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  13
February 2004 for review and response within 30  days.   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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice that would warrant corrective  action.   The
applicant was reduced to the grade of senior airman  on  21  Nov  00,  as  a
result of a nonjudicial punishment action.  A grade determination  was  made
and it was determined that he served satisfactorily in the  grade  of  staff
sergeant and should be retired in that grade.   Individuals  are  placed  on
the  TDRL  the  day  following  the  day  of  release  from   active   duty.
Accordingly, since the applicant was released on active duty on  14 Jun  01,
while serving in the grade of senior airman, and was placed on the  TDRL  in
the grade of staff sergeant effective 15 Jun 01, it is our opinion that  the
applicant's discharge documents appropriately reflect the grade he  held  at
the time of his release from active duty as senior  airman.   Therefore,  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
injustice.  In  the  absence  of  evidence  to  the  contrary,  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 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 AFBCMR Docket Number  BC-2003-
02733 in Executive Session on 16 Mar 04, under the  provisions  of  AFI  36-
2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. James W. Russell III, Member
      Mr. James A. Wolfe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 Jan 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.



                                   OLGA M. CRERAR
                                   Panel Chair

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