ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2000-03414
COUNSEL: GEORGE E DAY
XXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of Senior Master Sergeant (SMSgt) with a
date of rank appropriate to his promotion sequence number in 1998 with
back pay and any other equitable relief.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 6 July 1978 and was
progressively promoted to the grade of master sergeant.
The applicant served what appears to be a stellar career in Aerospace
maintenance up through his performance report dated April 1997,
performance that earned him promotion to SMSgt with pin-on scheduled
for 1 May 1998, which included duty in Somalia, Desert Storm/Shield,
and the Balkans. Records indicated he was seen in mental health
clinics off and on from late 1996 through 1997 as his marriage
deteriorated and his depression deepened. He was treated with several
different medications with known side effects that he discussed with
his supervisor, and he was voluntarily removed from flight line duties
and assigned to administrative duties after he expressed concern that
the medications might interfere with sensitive duties in maintenance.
Applicant was tentatively selected for promotion to the grade of
senior master sergeant by cycle 98E8 and was scheduled for promotion
on 1 May 1998. However, on 15 April 1998, the applicant received a
referral EPR from his commander, which automatically canceled the
projected promotion to SMSgt, effective 1 May 1998.
On 9 February 2001, the BCMR Medical Consultant recommended approval
of the applicant’s request for promotion to SMSgt with back pay;
however, only recommended a 30% permanent disability retirement rather
than 40%.
On 10 October 2001, the applicant’s requested that his Enlisted
Performance Report (EPR) rendered for the period 16 April 1997 to 15
April 1998 be expunged from his records; promotion to Senior Master
Sergeant (SMSgt) with a date of rank appropriate to his promotion
sequence number in 1998 with back pay; award of disability rating of
40% and any other equitable relief. The Board considered and granted
relief in the form of a 30% permanent retirement and placement on the
Permanent Disability Retired List. However, applicant’s requests for
promotion to SMSgt with back pay and removal of his EPR were denied (A
copy of the Record of Proceedings is attached at Exhibit H).
On 29 October 2004, the applicant now requests he be promoted to the
grade of Senior Master Sergeant (SMSgt) with a date of rank
appropriate to his promotion sequence number in 1998 with back pay and
any other equitable relief. In support of his request, he provides a
personal statement, medical documentation regarding the side effects
of the medication Zoloft, a copy of his Meritorious Service Medal,
EPRs, personal data sheet, and letters of support from his rater and
co-worker.
Applicant’s complete submission, with attachments, is at Exhibit G.
_______________________________________________________
THE BOARD CONCLUDES THAT:
1. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting corrective action. After
reviewing 10 U.S.C 1372, grade on retirement for physical disability,
members of armed forces, dated 18 March 2004, the Board believes that
it is not unreasonable to presume that the applicant would have been
promoted had it not been for the physical disability for which he is
retired and found to exist as a result of a physical examination.
Therefore, we believe that thorough and fitting relief in this case
would be to promote the applicant to the grade of senior master
sergeant. Accordingly, we recommend his records be corrected as set
forth below.
2. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues (s) involved.
Therefore, the request for a hearing is not favorably considered.
_______________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was promoted to
the grade of senior master sergeant (E-8) effective and with a date of
rank of 1 May 1998 and that he was retired in the grade of senior
master sergeant (E-8) rather than master sergeant effective 1 November
1998.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2000-
03414 in Executive Session on 21 February 2005, under the provisions
of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Richard A. Peterson, Member
Mr. Roscoe Hinton, Jr., Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit H. Record of Proceedings, dated 10 Oct 01,
with Exhibits.
Exhibit I. Applicant’s Letter, dated 29 Oct 04, with
attachments.
DAVID VAN GASBECK
Panel Chair
AFBCMR BC-2000-03414
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to, XXXXXXX, be corrected to show that he was promoted
to the grade of senior master sergeant (E-8) effective and with a date
of rank of 1 May 1998 and that he retired in the grade of senior
master sergeant (E-8) rather than master sergeant (E-7) effective 1
November 1998.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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