RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-01688
            INDEX CODE:  131.00
      XXXXXXX          COUNSEL:  NONE

                                  HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 DECEMBER 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her promotion to Senior Master Sergeant (SMSgt) be reinstated.

________________________________________________________________

APPLICANT CONTENDS THAT:

She began having medical problems with  her  left  foot  in  early  2001  at
Keesler Air Force Base (KAFB), MS.  She had a  medical  condition  known  as
Plantar Fasciitis.  The condition deteriorated to the point where she  could
not walk without severe pain.  Afterwards,  she  was  placed  on  a  medical
profile for an extended period of time resulting  in  a  Medical  Evaluation
Board (MEB) being initiated to review her suitability for active duty.   She
was then scheduled for surgery and a counselor at KAFB indicated  she  would
more than likely return to duty with restrictions after  the  surgery.   The
first  surgery  was  unsuccessful.   After  five  months  of  post-operative
treatment a second surgery was performed which  created  additional  medical
problems.

In March 2005, she  was  contacted  by  KAFB  MEB  office  to  sign  medical
paperwork to be forward to the Physical Evaluation Board (PEB)  at  Randolph
Air Force Base.  Within one week of signing the paperwork she  was  notified
of her selection to SMSgt.   She  was  advised  to  accept  or  decline  the
promotion and to extend her enlistment before the promotion  consummated  on
1 Apr 05.  After careful consideration, she declined  the  promotion  on  29
Mar 05.  On  31  Mar  05,  the  board  decided  to  permanently  retire  her
effective 17 May 05.

She believes a serious injustice has occurred.  The decision to decline  her
promotion  was  solely  based  on  her  physical  limitations   which   were
ultimately confirmed by her receiving a medical discharge.

In support of the application,  the  applicant  submits  the  following:   a
personal memorandum for promotion reinstatement, Commander’s  input  to  the
Medical Evaluation Board (MEB) on  the  applicant,  MEB  Narrative  Summary,
Addendum to MEB, Weighted Airman Promotion System Score  Notice,  Record  of
Counseling of Retirement  Eligible  Selectees  (Promotion  Declination),  AF
Form 988, Leave Request/Authorization, Findings and Recommended  Disposition
of USAF Physical  Evaluation  Board,  Retirement  Orders,  Veterans  Affairs
Disability Rating, and Medical Records.

The complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted her initial enlistment in the Regular Air Force  on
14 Nov 84.

Since 1991, the applicant has had a history of pain and was  treated  for  a
variety of medical conditions to include four  surgeries  performed  on  her
left foot.  None of the surgeries were deemed successful.   On  21  Jun  04,
she was recommended for  an  MEB.  On  31  Mar  05,  the  Informal  Physical
Evaluation Board (IPEB) found her unfit for plantar  fasciitis,  left  foot,
status  post  surgery  with  intractable  pain  rated  at  10  percent.   In
addition, the IPEB found two other conditions which were unfitting  but  not
ratable  or  compensable;  right  wrist  pain  and  hypothyroidism.  It  was
recommended she be permanently disability retired.

She was considered and selected for promotion to the grade of SMSgt  with  a
promotion line number of 77 and projected date of rank of 1 Apr  05  in  the
05E8 promotion cycle.  On 29 Mar 05, she declined the  promotion  to  SMSgt.
On 17 May 05, she was relieved from active duty and on 18 May  05,  she  was
permanently disability retired in the  grade  of  Master  Sergeant  with  20
years, 6 months and 4 days of active service with a  compensable  percentage
for physical disability of 10 percent.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial.  DPPPWB states in accordance with AFI  36-
2502, paragraph 1.9.,  airmen  who  accept  a  promotion  are  eligible  for
reassignment and selective retraining in the projected grade.  Selectees  to
the grades of MSgt, SMSgt, and CMSgt with more than 18 years’  total  active
federal military service will sign a statement of  understanding  within  10
workdays after selections are confirmed. The airman acknowledges  they  must
obtain 2 years’  service  retainability  and  incur  a  2-year  active  duty
service commitment (ADSC) from the effective date of  promotion  to  qualify
for nondisability retirement.  If  member  has  not  obtained  the  required
retainability by the increment date, their promotion is placed in withhold.

Paragraph 1.11 states airmen may decline a promotion  in  writing  any  time
prior to the effective date of promotion. The declination letter, which  the
applicant signed in agreement to states, "I hereby decline  this  promotion.
I understand that my name will be removed from the selection list  for  this
promotion  cycle.  I  also  understand  that   the   promotion   cannot   be
reinstated." This action cancelled her projected  promotion  to  SMSgt  that
was to be effective 1 Apr 05.

Had the member accepted promotion and simply waited to obtain  retainability
her promotion would  have  been  placed  in  withhold  due  to  insufficient
retainability (AFI 36-2502, Table 1.2, Item 10). When  the  board  made  the
decision to medically retire her, she would have been retired in  the  grade
of SMSgt since she had a projected promotion in  the  system.  However,  she
made a conscious decision to decline her  promotion  based  on  her  medical
condition before knowing the board's decision. She felt she could not  serve
another two years on active duty had the board's  decision  been  to  retain
her on active duty.

However,  she  could  have  made  the  decision  at  that  time  to  decline
retainability. They therefore recommend denial of her request.

The complete DPPPWB evaluation is at Exhibit C.

AFPC/DPPD recommends approval  of  the  applicant’s  request.   DPPD  states
applicant was eligible to be  retired  in  the  projected  higher  grade  of
SMSgt, within the meaning of Section 1372,  10  U.S.C.  as  amended  by  the
Fiscal Year 1997 National Defense Authorization Act (NDAA). When the  member
declined the promotion to SMSgt this canceled  her  projected  promotion  to
SMSgt in the system. Due to this administrative action her retirement  order
reflects the retired grade of MSgt. Had the member  accepted  promotion  and
simply waited  until  she  knew  the  outcome  of  the  medical  board,  her
promotion would have consummated on  1  Apr  05  and  she  would  have  been
retired in the grade of SMSgt. Therefore, they  recommend  approval  of  the
applicant's request to receive her retirement pay in the grade of SMSgt.

The complete DPPD evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were forwarded to the  applicant  on  14
Jul 06 for review and comment within 30 days.  As of this date, this  office
has received no response (Exhibit E).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting corrective  action.   In  this
respect,  the  applicant  while   pending   Disability   Evaluation   System
processing was notified of her selection  for  promotion  to  the  grade  of
SMSgt during cycle 05E8.  Because she had more than  18  years  of  service,
she was required to sign a statement of  understanding  within  10  workdays
after selections  are  confirmed.   She  was  given  the  choice  of  either
accepting the two-year active duty service  commitment  from  the  effective
date of promotion or to  decline  the  promotion.   On  29 March  2005,  she
elected to decline the 1 April 2005 promotion.  On 31 March  2005,  the  PEB
found her unfit for military service and recommended  permanent  retirement.
She was retired by reason of physical disability on 17 May  2005.   We  note
that in accordance with AFI  36-3212,  Physical  Evaluation  for  Retention,
Retirement, and Separation, if the applicant had accepted the promotion  and
been subsequently retired for reason of  a  medical  disability,  she  would
have been allowed to retire in the grade in which she was  serving.   It  is
our opinion that she was apparently  unaware  of  this  provision  prior  to
making her election to decline her promotion.  There  is  no  other  way  to
explain why she would have made that decision.   Therefore,  we  agree  with
the  USAF  Physical  Disability  Division  and  recommend  her  records   be
corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that she was promoted  to  the  grade  of
SMSgt (E-8) with a date of rank of 1 April 2005, and that she  was  relieved
from active duty on 17 May 2005 and retired effective 18 May  2005,  in  the
grade of SMSgt.

__________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01688 in Executive Session on 22 August 2006, under the  provisions  of  AFI
36-2603:

                 Mr. Robert H. Altman, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 May 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 9 June 2006.
    Exhibit C.  Letter, AFPC/DPPD, dated 27 June 2006.
      Exhibit D.  Letter, SAF/MRBR, dated 14 July 2006.




                                   ROBERT H. ALTMAN
                                   Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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Office of the Assistant Secretary


AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002



XXXXXXX.

XXXXXXX


XXXXXXX,


Dear XXXXXXX

      Reference your application, AFBCMR Docket Number BC-2006-01688,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff
United States Air Force.  The office responsible for making the correction
will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.  Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.




                       GREGORY E.  JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
1.  Record of Proceedings
2.  Copy of Directive
3.  Customer Survey

cc:
DFAS-DE

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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Office of the Assistant Secretary


AFBCMR BC-2006-01688




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 she was promoted to the
grade of senior master sergeant (E-8) effective and with date of rank of 1
Apr 05, and that she was relieved from active duty on 17 May 05 and retired
for length of service, effective 18 May 05, in the grade of senior master
sergeant.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency