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AF | BCMR | CY2006 | BC-2006-00494
Original file (BC-2006-00494.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00494
                                             INDEX CODE:  100.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  20 AUG 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of master sergeant (E-7) for cycle FY03E7.

________________________________________________________________

APPLICANT CONTENDS THAT:

A mandatory anthrax vaccination prior to his deployment to Saudi  Arabia  in
2001 caused him to suffer several medical  conditions  and  subsequently  be
diagnosed with multiple sclerosis (MS).


In support of the appeal, applicant submits  copies  a  personal  statement,
four letters of support, his enlisted promotion  information,  his  Enlisted
Performance Reports (EPRs) from the years 2000 through  2004,  and  excerpts
from his medical records.


Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 December 1984  and  entered
active duty.  He was  progressively  promoted  to  the  grade  of  technical
sergeant.

On 14 November 2005, his commander  advised  the  Medical  Evaluation  Board
(MEB) that the applicant should be medically retired because he  was  unable
to  meet  his  duty  requirement  as  a  result  of  his  MS.    Neurologist
consultation agreed with a diagnosis of MS.

On 15 November 2005, the MEB referred the  case  to  a  Physical  Evaluation
Board (PEB).   On  1  December  2005,  an  Informal  PEB  (IPEB)  found  the
applicant unfit due to being diagnosed  as  suffering  from  MS.   The  IPEB
recommended  the  applicant  be  medically  retired   with   a   compensable
disability rating of 70%.  On 9 December 2005,  the  applicant  agreed  with
the IPEB’s findings and recommendation.  The Office of the Secretary of  the
Air Force, Personnel Council (SAF/PC), subsequently directed  the  applicant
be permanently retired for physical disability.

The applicant was permanently retired for  physical  disability  with  70  a
percent compensable rating.  He had  21  years,  2 months  and  29  days  of
active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be denied and states, in  part,  that
current Air Force policy does not  allow  for  automatic  promotion  as  the
applicant is requesting.  The applicant  cannot  be  automatically  promoted
based on the assumption that had he not been suffering from the  affects  of
MS, he would have scored well enough to be  selected  for  promotion  during
cycle 03E7, 04E7 or 05E7.  To do so would not be fair or  equitable  to  his
peers.  Test scores are an  integral  part  of  the  promotion  process  and
comprise approximately 44% of the weighted  factors.   Without  test  scores
the Air Force would not  be  able  to  apply  the  basic  mechanics  of  the
promotion process.  Test scores are also part  of  the  means  by  which  an
individual’s level of knowledge and potential for promotion is based.

The AFPC/DPPPWB evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10  Mar
06, for review and comment within 30 days.  As of  this  date,  no  response
has been received by this office.

________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt it’s rationale as  the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  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  Docket  Number  BC-2006-00494
in Executive Session on 17 May 2006, under the provisions of AFI 36-2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Ms. Debra Walker, Member
                       Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 1 Mar 06.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Mar 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair



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