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AF | BCMR | CY2005 | BC-2000-03414A
Original file (BC-2000-03414A.doc) Auto-classification: Approved


                                 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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