RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00505
                                       INDEX CODE:  108.00
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given pay, allowances, and service credit  (points)  from  12 February
2006 through 5 October 2006.   In  addition,  he  be  allowed  to  submit  a
package for promotion to the grade of technical sergeant  (TSgt)  (E-6)  for
promotion in September 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was put on physical profile “4T” status and not  allowed  to  participate
for pay and points  due  to  two  service  connected  conditions.   However,
pursuant to Air Force regulations, he should have  been  brought  back  onto
active duty for the period 12 February 2006 through 5  October  2006,  while
the  Medical  Evaluation  Board  (MEB)  evaluated  his   service   connected
conditions.  Additionally, he would like to submit a package  for  promotion
to the grade of technical sergeant (TSgt) for  September  2003.   He  missed
over three years of participation due to his service  connected  conditions;
however, the Air Force Board for Correction  of  Military  Records  (AFBCMR)
has so far approved  restoring  2  ½  years  of  his  pay,  allowances,  and
participation points from his previous application (AFBCMR Docket Number BC-
2006-01369).  He met all of the requirements to be  eligible  for  promotion
consideration in September 2003 had he been allowed to participate.

In  support  of  his  application,  the  applicant  provides  two   personal
statements, a letter of command support, response to Congressional  Inquiry,
AF/JAA  legal  review,  Line  of  Duty  (LOD)  determinations,  letters   to
Congressional member, MEB notification letter, MEB briefing,  MEB  findings,
rebuttal to his physical  profile  “4T”  status,  excerpt  of  AFI  36-2502,
Associates Degree certificate, Federal Aviation Administration  certificate,
performance report information, education  and  training  information,  Unit
Vacancy selection criteria, Promotion Enhancement Program (PEP)  guidelines,
electronic correspondence from  AF/RE,  promotion  information,  awards  and
decorations   information,    service    information,    airman    promotion
requirements, and a character reference.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade  of
staff sergeant (E-5) with a date of rank of 1 July 1997.

On 12 February 2006, the applicant was placed on physical profile  “PT”  for
his disqualifying medical condition of depression.  On 10  April  2006,  the
applicant acknowledged receipt of the notification;  however,  annotated  on
the form that he did not agree his condition was  disqualifying.   Following
his records meeting an MEB, the applicant  requested  his  case  be  further
reviewed by an Informal Physical Evaluation Board (IPEB).

On 9 August 2006, the AFBCMR approved the  applicant’s  request  to  correct
his records to show  that  he  was  not  released  from  active  duty  on  6
September 2002, but was ordered in a permanent change of station  assignment
to his home of selection until 29 April 2005  (for  details  see  Record  of
Proceedings at Exhibit B).

On 5 October 2006, his unit was informed that officials  within  the  Office
of  the  Secretary  of  Air  Force  (OSAF)  determined  the  applicant   was
physically fit for continued military duty and directed  that  his  physical
profile be changed from “4T” to “3C.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1B  recommends  approval  of  the  applicant’s  request  for  pay  and
allowances from 12 February 2006 through 5 October 2006 to comply  with  the
findings from OSAF.  However,  A1B  states  it  is  unable  to  support  the
applicant’s request to submit a package for his promotion during  the  month
of September 2003.  In accordance with Air Force Instruction (AFI)  36-2502,
Airmen  Promotion  Program,  based  on  unit  vacancy  promotions,  enlisted
personnel must be in a higher graded position; meet eligibility criteria  as
outlined in Table 4-2, as of  the  last  day  of  the  month  prior  to  the
promotion month; must be recommended by the supervisor; and approved by  the
promotion authority.  According to their records, the applicant was  not  in
a higher graded position to receive promotion consideration.

A1B states the applicant also requested the  opportunity  for  promotion  to
TSgt through the PEP.  PEP is a  commander’s  program  designed  to  promote
outstanding and well deserving Air Force Reserve  Command  (AFRC)  personnel
one grade over  the  Unit  Manning  Document  position  to  which  assigned,
through a board process based on quotas allocated  by  the  AFRC  commander.
Promotions are effective the first of  April  and  October  each  year.   In
order to compete for  PEP,  a  member  must  meet  the  minimum  eligibility
criteria outlined  in  AFI  36-2502,  Table  4.2,  PEP  guidelines,  and  be
nominated by the unit commander.  The applicant was  not  nominated  by  his
unit commander to compete for PEP in September 2003 and  supplemental  board
consideration is not available.  However, if it is the Board’s  decision  to
grant the relief sought, the applicant should be promoted to TSgt  effective
and with a date of rank of 1 October 2003.

The AFRC/A1B evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant is pleased to see that A1B concurs  with  his  entitlement  to
pay and points; however, he still wishes to pursue  his  loss  of  promotion
opportunities.  He understands how A1B has come to their decision  regarding
promotion;  however,  his  case  is  not  standard  and   requires   further
deliberation.  A1C states he was not eligible for the PEP; however,  he  met
the criteria for PEP with the exception of his commander’s  nomination.   If
his service had not been interrupted  due  to  his  erroneous  placement  on
physical profile “4T” status, he believes he would have had  an  opportunity
for PEP promotion.  He cannot be nominated if  he  wasn’t  present.   It  is
true he did not participate with his  unit  for  almost  3  ½  years  to  be
considered for promotion, but that was not due to any fault of his own.   He
wanted to participate with the unit; however, was not allowed.

He believes his record speaks for itself.  His promotion to staff sergeant
(E-5) was earned in less than 3 ½ years.  He volunteered for  active  duty
numerous times to assist with the C-17 program  when  it  was  started  at
Charleston, AFB, SC.  He also volunteered for active duty  when  his  unit
needed assistance with contingencies and/or operations.  He was  activated
during OPERATION ENDURING FREEDOM and deployed to  numerous  locations  in
Europe and the Middle East.   As  of  October  2003,  he  has  earned  his
Associates Degree and his Airframe  &  Powerplant  certification  (factors
which are counted toward promotion).  His last four  Enlisted  Performance
Reports have been “5’s” across the board.  He is dedicated to this country
and  its  military  members.   He  will  continue  to  serve  his  country
honorably, but only asks for justice in his case.

The applicant’s rebuttal 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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable injustice with respect to the applicant’s request  for
pay and points for the period 12 February 2006 through 5 October 2006.   The
Air Force office of primary responsibility recommends that  portion  of  the
applicant’s request pertaining to pay and points  be  approved.   We  concur
with the office of primary responsibility that the applicant is entitled  to
pay and allowances for the requested period in accordance with  his  medical
condition  and  the  associated  AF  Forms  348,  Informal  Line   of   Duty
Determination.  Therefore, his records  should  be  corrected  as  indicated
below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice with  respect  to  the  applicant’s
request to submit a package for promotion to the grade of  TSgt  during  the
month of September 2003.  We note  the  applicant  was  not  assigned  to  a
higher graded  position,  nor  was  he  recommended  for  promotion  by  his
supervisor.  Therefore, we agree with the opinion and recommendation of  the
Air Force office of primary responsibility and adopt its  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice with  respect  to  his  request  to  submit  a  promotion
package for the grade of TSgt in the month of September 2003.   Accordingly,
that portion of the application is not favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that he was not  released  from  extended
active duty on 12 February 2006, but was ordered in a  permanent  change  of
station (PCS) assignment to his home of record or home of selection until  5
October 2006.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 29 November 2007, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Janet I. Hassan, Member
            Mr. Mark J. Novitski, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for Docket Number BC-2007-00505 was considered:

      Exhibit A.  DD Form 149, dated 30 Jan 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFRC/A1B, dated 6 Sep 07.
      Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.
      Exhibit E.  Applicant’s Rebuttal, dated 1 Oct 07.




                             MICHAEL K. GALLOGLY
                                             Panel Chair


AFBCMR BC-2007-00505




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that  he  was  not
released from extended active duty on 12 February 2006, but was  ordered  in
a permanent change of station (PCS) assignment to  his  home  of  record  or
home of selection until 5 October 2006.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency