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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