RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02814
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 Mar 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His rank of staff sergeant(E-5) be changed to second lieutenant (O-1).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Title 10 US Code 1372 paragraph 3 states that members placed on the
Temporary Disabled Retired List (TDRL) be promoted to the highest rank
that they would have been promoted had it not been for the disability
for which they were retired. When he was placed on the TDRL he was in
the Airman Education and Commissioning Program and had completed all
his requirements for commissioning and had he not been retired he
would have been promoted to the rank of second lieutenant.
In support of the appeal, applicant submits a personal statement, a
copy of his AFROTC Records, a copy of his AF MEB Records, and a copy
of his ROTC Commander Statement.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered into the Airman Education and Commissioning
Program (AECP) in Aug 01, to complete his degree in Electrical
Engineering and receive a commission through ROTC as a second
lieutenant. He was scheduled to be commissioned on 1 May 04, however,
he was placed on medical hold while a medical evaluation board (MEB)
was convened to determine whether he was fit to remain in the Air
Force due to a condition called Chronic Cholinergic Urticaria. The
MEB determined that he was not fit for duty. He was placed on the
Temporary Disabled Retirement List (TDRL) on 21 Mar 05 and
subsequently disenrolled from the AECP and AFROTC. He received his 18-
month TDRL reevaluation on 17 Jul 06. He was reevaluated and on 18
Aug 06 the MEB concluded his medical condition had stabilized and no
longer prevented him from performing military duties.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states, the applicant entered the
Airman Education and Commissioning Program (AECP) in Aug 01 to
complete his degree in Electrical Engineering. Upon completion of his
degree and completing the commissioning physical he would be appointed
to second lieutenant. However, due to his medical condition he was
placed on medical hold and a formal medical evaluation board was held.
He did complete the academic requirements successfully for him to be
commissioned; but his medical condition prevented him from being able
to pass the commissioning physical. Therefore, he was not appointed
to the grade of second lieutenant.
A complete copy of the evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
29 Sep 06 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 injustice. In this respect, we note that in
accordance with Title 10 USC Section 1372 paragraph 3, members placed
on the Temporary Disabled Retired List (TDRL) are promoted to the
highest grade that they would have been promoted had it not been for
the disability for which they were retired. In the applicant’s case,
since he had completed all ROTC requirements for commissioning, had it
not been for his physical disability, he would have been commissioned
in the grade of second lieutenant. In view of this, and since he has
been reevaluated while on the TDRL and the determination made that his
medical condition has stabilized and no longer prevents his
performance of military duties, we recommend his records be corrected
to the extent indicated below in the interest of justive.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. On 21 March 2005, he was tendered and accepted an
appointment as a second lieutenant in the Air Force Reserve.
b. On 22 March 2005, he was placed on the Temporary
Disability Retired List in the grade of second lieutenant, rather than
staff sergeant.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 16 November 2006, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James A. Wolffe, Member
Mr. James L. Sommer, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Sep 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 19 Sep 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 29 Sep 06.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2006-02814
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 APPLICANT, 422-25-2581, be corrected to show that:
a. On 21 March 2005, he was tendered and accepted an
appointment as a second lieutenant in the Air Force Reserve.
b. On 22 March 2005, he was placed on the Temporary
Disability Retired List in the grade of second lieutenant, rather than
staff sergeant.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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