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AF | BCMR | CY2008 | BC-2008-02080
Original file (BC-2008-02080.doc) Auto-classification: Denied

                            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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