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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