RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02080
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty,
blocks 4a and 4b be changed to read Staff Sergeant (SSgt) and E5,
respectively.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His line number for SSgt was 3280. He was granted a promotion waiver
because he had not attended Airman Leadership School (ALS). He received
authorization and wore the rank of SSgt for approximately one month prior
to his retirement.
In support of the application, he submits his DD Form 214, an electronic
mail message, a promotion certificate, and his Weighted Airman Promotion
System (WAPS) Score Notice.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was tentatively scheduled for promotion to the grade of SSgt
during promotion cycle 07E5. He received promotion sequence number 3280
which incremented 1 Nov 07. However, he became ineligible for promotion
when the Secretary of the Air Force (SECAF) determined he was unfit to
perform the duties of the grade due to a physical disability.
On 3 Dec 07, the applicant was honorably discharged from service in the
grade of senior airman by reason of physical disability. However, IAW
Special Order ACD-00144, on 4 Dec 07, his name was placed on the Temporary
Disability Retired List (TDRL) in the grade of SSgt.
Per the FY97 National Defense Authorization Act and Disability Retirement
Act, if there is a projected promotion in the system when the member is
found unfit for duty, the member may be placed on the Temporary Duty
Retired List (TDRL) in the projected grade. Also, members who are retired
on or after 23 Sep 96 may be retired in the regular or reserve grade to
which they had been selected and would have been promoted had it not been
for the physical disability for which they were retired. This is for
retirement and pay purposes only.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOE recommends denial. The applicant is under the misconception
that his commander waived his PME attendance altogether. EPME can be
temporarily waived for those members who could not, through no fault of
their own, complete the required training prior to sewing on the new
stripe. While this is true for the applicant, the additional requirement
that the member perform the EPME within 179 days of their promotion
effective date could not be met by the applicant. If he were to be found
fit for duty at a later date and returned to active duty, he would be
required to complete ALS prior to pinning on the rank of SSgt.
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 25 Jul
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 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 AFBCMR BC-2008-02080 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 28 May 08 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOE, dated 23 Jun 08.
Exhibit D. Letter, SAF/MRBR, dated 25 Jul 08.
JAMES W. RUSSELL III
Panel Chair
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