RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01050
            INDEX CODE:  131.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the rank of Chief Master Sergeant (CMSgt) effective 1  May
04, his retirement records indicate  the  rank  of  CMSgt,  and  he  receive
retroactive pay as a CMSgt.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  commander  selected  him  to  backfill  the  CMSgt  position  upon  the
retirement of the current CMSgt.  Paperwork was submitted to  place  him  in
the position, and on 4 Apr 04 he was double slotted and began duties in  the
CMSgt position.  For some reason the Personnel  Flight  did  not  place  his
name on the promotion roster on 1 May 04 as it should have.

In Jun 04, he was diagnosed  with  Multiple  Myeloma.   On  11  Jul  04,  he
reported his diagnosis to the Medical Squadron  and  was  placed  on  a  T-4
Profile which kept him from participating for pay or points, and from  being
promoted.  He appealed the T-4 status the following day.   In  Jul  04,  his
name also failed to appear on the promotion roster.

When the CMSgt retired in Sep 04, the commander placed another SMSgt in  the
position since his medical appeal was not complete and  it  did  not  appear
that he would have the two years retainablity because of his age.

In Nov 04, a bone marrow biopsy showed that he  was  in  remission  with  no
Myeloma cells present.  He informed the Medical  Squadron  that  he  was  in
remission.  His packet for the Informal  Physical  Evaluation  Board  (IPEB)
did not leave Tinker AFB until late Dec 04,  and  it  did  not  contain  the
documentation stating he was in remission.  This was  six  months  after  he
had informed the Medical Squadron of his condition.  He was informed in  Mar
05  that  the  IPEB  found  him  unfit  for  continued  military  duty.   He
immediately requested a Formal Physical Evaluation  Board  (FPEB).   He  was
informed that a FPEB would be held on 11-12 May 05, to consider his  appeal.
 During the ten months between being assigned the T-4  medical  profile  and
the FPEB, he was in contact with his squadron checking  the  status  of  his
appeal.  During this period, he  also  continued  working  at  his  civilian
position as many as 70 hours per week, while missing only  7  days  of  work
because of medical appointments.  The  FPEB  found  him  fit  for  continued
service on  12 May 05, because he was  in  complete  remission.   Air  Force
Reserve Command (AFRC), assigned his medical status as T-3.  He returned  to
reserve duty on 9 Jul 05, 12 full months after his appeal began.

In summary, he feels that three errors  occurred  that  prevented  him  from
being promoted to CMSgt.  1) The MPF should have  placed  his  name  on  the
promotion roster in either May or Jul; 2) He should have been placed on  T-3
status similar to active duty members  when  diagnosed  with  cancer,  which
would have allowed him to  continue  duty  in  a  drilling  status,  and  be
promoted to CMSgt; and 3) the medical evaluation appeal process should  have
taken less time, allowing him to return to duty sooner and  be  promoted  to
the rank of CMSgt.

In support of  his  request,  applicant  provided  his  personal  statement,
Commander’s letter stating  his  intentions  to  promote  him,  Virtual  MPF
History indicating placement in the Air Freight Superintendent position,  an
Organizational Chart, his last three Senior  Enlisted  Performance  Reports,
two AF Form 422s, Physical Profile Serial Reports, and a Narrative  Summary,
dated 5 Dec 04.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was promoted to senior master sergeant (SMSgt) on  1  Sep  00,
and retired in this grade on 19 Sep 06, at age 60.  He was credited with  28
years, 11 months, and 6 days of satisfactory service.

Applicant’s last Duty Air Force Specialty Code (DAFSC) was 2T291.

On 1 Sep 06, the Squadron  Commander,  in  a  memorandum  for  the  Military
Records Review Board indicated that the  applicant  was  his  #1  choice  to
replace the CMSgt that was retiring, and if  not  for  this  misfortune,  he
believes that the applicant would have been  an  outstanding  CMSgt  and  an
excellent senior enlisted member.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/A1B reviewed the application and recommends  denial.   They  stated,
in part, that IAW AFI 36-2502, Airman  Promotion  Program,  Chapter  4,  Air
Force Reserve  enlisted  personnel  are  promoted  under  the  unit  vacancy
promotion program.  Enlisted personnel must be in a higher graded  position,
meet eligibility conditions, be recommended by the supervisor  and  approved
by the promotion authority.  It is solely the duty of the unit commander  to
render the  decision  to  promote  an  individual  based  on  their  meeting
eligibility requirements as of the last  day  of  the  month  prior  to  the
promotion month.  The  documentation  provided  by  the  applicant,  clearly
indicated the Commander did not approve the promotion due  to  disqualifying
conditions.   The  Commander’s  memorandum  dated  1  Sep  06,  backs   this
statement.

The AFRC/A1B complete evaluation, with attachment is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Oct 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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 its 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-2007-
01050 in Executive Session on 20 December 2007, under the provisions of  AFI
36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01050 was considered:

    Exhibit A.  DD Form 149, dated 30 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/A1B, dated 10 Oct 07, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.




                                             KATHLEEN F. GRAHAM
                                             Panel Chair