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AF | BCMR | CY2004 | BC-2004-02630
Original file (BC-2004-02630.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02630

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was released from  active  duty
and his name was placed  on  the  Temporary  Disability  Retired  List
(TDRL) in the grade of sergeant (Sgt) rather than senior airman (SrA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He became a SrA on 5 Dec 84,  completed  the  Noncommissioned  Officer
(NCO) Preparatory Course, and would have become eligible for the  rank
of Sgt on 5 Dec 85.

His chain of command had intended for his promotion to take place.

He believes the change in his rank is warranted based on the date  his
name was placed on the Permanent Disability Retired List (PDRL).

The change in rank would not affect his pay status, but would place  a
positive end to his  almost  20  years  of  emotional  pain  from  his
psychiatric illness.

In support of  his  appeal,  the  applicant  provided  copies  of  his
separation  document,  Airman  Performance  Reports  (APRs),   and   a
nomination letter  to  the  Air  Force  Academy  and  his  commander’s
indorsement.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 Oct 81.

He was relieved from active duty, and his name was placed on the TDRL,
effective 14 Nov 85 in the grade of SrA, after he was  diagnosed  with
atypical bipolar disorder, mixed, chronic, with definite impairment of
social  and  industrial  adaptability.   He  received  a   compensable
disability rating of 30 percent.

His name was removed from the TDRL and placed on the  PDRL,  effective
16 Jun 88 in the grade of SrA, after he was  diagnosed  with  atypical
bipolar disorder, mixed, chronic with definite  impairment  of  social
and industrial adaptability.  He  received  a  compensable  disability
rating of 30 percent.  He was credited with 4 years, 1  month,  and  9
days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating that members  placed  on  the
TDRL are retired in the highest grade held on active duty.   According
to AFPC/DPPAE, the applicant never held the rank of Sgt prior  to  his
name being placed on the TDRL.

A complete copy of the AFPC/DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  15
Oct 04 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  provided  in  support  of   his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of primary responsibility (OPR).  No evidence has been presented which
would lead us to believe the applicant was serving in the grade of Sgt
at the time his  name  was  placed  on  the  TDRL.   In  view  of  the
foregoing, and in the absence of sufficient evidence to the  contrary,
we agree with the recommendation of the OPR and adopt their  rationale
as the basis for our decision that the applicant has failed to sustain
his burden of establishing that he has suffered either an error or  an
injustice.  Accordingly, 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-
2004-02630 in Executive Session on 8 Dec 04, under the  provisions  of
AFI 36-2603:

      Ms. Martha J. Evans, Panel Chair
      Mr. Alan A. Blomgren, Member
      Mr. Michael J. Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 5 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 04.




                                   MARTHA J. EVANS
                                   Panel Chair



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