RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03404
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 11 May 07
________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of major.
In his original submission, applicant additionally requested his discharge
with severance pay be changed to reflect a disability retirement, rated at
60%. He subsequently withdrew that portion of his request.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is aware of officers less qualified whose separations were handled on
the reverse side of their orders. The person responsible for generating
his orders was not aware of his true physical condition and either ignored
or did not have knowledge that he was on the promotion list to major with
an effective date of 1 Apr 60.
In support of his request, applicant provided a personal statement and
documentation associated with his Physical Evaluation Board processing.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
While serving in the temporary grade of captain, applicant underwent a
Medical Evaluation Board (MEB) on 26 Sep 58. His case was referred to an
Informal Physical Evaluation Board (IPEB). On 14 Nov 58, the IPEB
recommended he be placed on the Temporary Disability Retired List (TDRL)
with a 40% disability rating. He was placed on the TDRL on 8 Dec 58. Data
extracted from documentation provided by the applicant indicates in
February 1959 he was considered by a promotion board and selected for
promotion to the Reserve grade of major, with an effective date of 1 Apr
60. On 31 May 60, he was removed from the TDRL and discharged with
severance pay.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial. DPPPO states there is no documentation to
support his contention that he was on a promotion list to major. Based on
his date of rank, he would have been eligible to meet the FY59 Temporary
Major Board which convened on 20 Oct 58, provided he was recommended.
There is no evidence he was recommended of nominated.
The DPPPO evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded that members to be retired were often retired in a
higher grade at that time. Contrary to the DPPPO evaluation, he was
recommended for promotion as indicated on his 11 Apr 57 Officer
Effectiveness Report. He was selected for promotion to the Reserve of the
Air Force grade of major with an effective date of 1 Apr 60. He was
removed from the TDRL and discharged on 31 May 60. He is aware of officers
receiving advancement in grade upon separation from active duty and also on
temporary disability retirement during that period.
Applicant’s complete response, with attachments, is at Exhibit E.
________________________________________________________________
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 an error or injustice warranting corrective action. Evidence
has not been presented which would lead us to believe that the applicant’s
disability processing and the grade in which he was separated were in error
or contrary to the provisions of the governing Air Force regulations.
While it was appropriate during the time period in question for officers
serving on active duty in temporary grades to be promoted to those
temporary grades upon retirement, we find no evidence which would lead us
to believe he met the prerequisite requirements for the advancement. In
support of his request, applicant provided a letter indicating he had been
selected for promotion to the grade of major by a selection board that
convened in February 1959. However, we note that on 8 Dec 58, two months
prior to the convening of the promotion board, he had been separated from
the service and placed on the TDRL. Consequently, the selection for
promotion stated in the aforementioned letter is ineffective. Therefore,
based on the absence of evidence to the contrary, 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-2005-
03404 in Executive Session on 28 Feb 06, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Ms. Renee Collier, Member
Ms. Josephine Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Nov 05, w/atchs.
Exhibit B. Letter, Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 28 Dec 05.
Exhibit D. Letter, SAF/MRBC, dated 6 Jan 06.
Exhibit E. Letter, Applicant dated 9 Jan 06.
MICHAEL J. NOVEL
Panel Chair
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