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AF | BCMR | CY2008 | BC-2008-01996
Original file (BC-2008-01996.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01996
            INDEX CODE:  131.00
            COUNSEL:  NONE
            HEARING DESIRED:  NOT STATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of Chief Master Sergeant (CMSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received damage to his  spine  and  a  traumatic  brain  injury  from  an
explosion while serving in Iraq.  He was allowed to test one time;  however,
his  mind  and  memory  were  destroyed  by  the  bomb.   Because   he   was
hospitalized so often and was taking a high dosage of  pain  medication,  it
was impossible for him to test again.  He worked hard to  achieve  the  rank
of CMSgt and he nearly  literally  gave  his  life  for  his  country.   His
records will prove that he deserves to be promoted to CMSgt.

In support of the application, he submits  an  AF  Form  356,  Findings  and
Recommended Disposition of USAF  Physical  Evaluation  Board,  authorization
for release of health information, and physician’s progress record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably retired on 6 May 08 in the grade  of  Senior  Master
Sergeant for permanent disability.  He served 24 years, 4 months and 8  days
on active duty.

A review of his last two testing cycles revealed he scored 52.53  for  cycle
02E8 (nonselect) and 54.64 for cycle 03E8 (select).  These scores  are  only
2.02 and 4.13 points above his score for cycle 05E9,  for  which  he  missed
promotion by 8.44 points.  There were 32 eligibles for promotion  considered
in the applicant’s AFSC.  Of the seven  selected  for  promotion,  four  had
higher board scores.  He was the number two nonselect.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOE recommends denial.  DPSOE states the applicant was  considered
and nonselected for promotion to CMSgt during cycle  05E9.   His  PFE  score
was 50.51 and his board score was 375.00 (out of a  possible  450.00).   His
total score was 625.51 and the score required for selection in his  AFSC/CEM
was 633.95.  He was nonweighable  for  cycles  06E9  and  07E9  due  to  not
testing.


The complete DPSOE 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  5  Sep
08 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit D).

_________________________________________________________________

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 an error or injustice.   We  took  notice  of  the  applicant’s
completion submission in  judging  the  merits  of  the  case;  however,  no
evidence exists in his records to indicate that an error  or  injustice  was
made which prevented his promotion to CMSgt.   The  personal  sacrifices  he
has endured for his country are duly noted and our decision  in  no  way  is
meant to diminish the high regard we have for his service, however,  in  the
absence of evidence to the contrary, we find no 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  BC-2008-01996  in
Executive Session on 13 November 2008 under the provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Michele M. Rachie, Member
      Ms. Audrey Y. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOE, dated 10 Jun 08.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Sep 08.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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