RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00583
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to reflect she was retired in the grade of
technical sergeant (TSgt), rather than staff sergeant (SSgt).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Although her DD Form 214 reflects she was Temporary Disability
Retired, she was permanently disability retired due to Lupus in
the grade of TSgt.
The applicants complete submission, including attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letters prepared by the appropriate offices of the Air
Force, which are at Exhibits C and D. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial of the applicants request to have
her rank, as reflected on her DD Form 214, corrected to reflect
she held the grade of technical sergeant when she was transferred
to the TDRL. The applicant was considered and tentatively
selected for promotion to the grade of technical sergeant during
cycle 08E6 and received promotion sequence number 7910.0 which
would have incremented on 1 Jul 09; however, she was found unfit
for further military service on 3 Jul 08 and placed on the TDRL
in the grade of staff sergeant, effective 12 Sep 08. She was
subsequently permanently disability retired, effective 14 Jul 10,
in the grade of technical sergeant. In accordance with AFI 36-
2502, airmen are ineligible for promotion in a particular cycle
if they have been determined to be unfit for continued military
service. Furthermore, service members who are retired on or
after 23 Sep 96 may be retired in the regular or reserve grade
that they had been selected and would have been promoted had they
not been retired due to a physical disability; this is for
retirement pay purposes only. The applicants DD Form 214
accurately reflects the grades she held at the time of her
discharge and transfer to the TDRL, and subsequent permanent
disability retirement.
The complete AFPC/DPSOE evaluation is at Exhibit C.
HQ AFPC/DPPD recommends denial, indicating there is no evidence
of an error or injustice. The applicant was selected for
promotion to TSgt, but was unable to pin on the higher grade due
to her being found unfit for continued military service due to a
physical disability. She was retired in the grade of TSgt for
retired pay purposes and her DD Form 214 accurately reflects the
grade she held while on active duty and was wearing at the time
of separation.
The complete AFPC/DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
8 Apr 11 for review and comment within 30 days. As of this date,
no response has been received by this office (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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After careful
consideration of the applicant's request and the available
evidence of record, we find insufficient evidence of error or
injustice to warrant corrective action. The facts and opinions
stated in the advisory opinion appear to be based on the evidence
of record and have not been adequately rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
she was entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 Docket
Number BC-2011-00583 in Executive Session on 18 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Feb 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 9 Mar 11.
Exhibit D. Letter, AFPC/DPPD, dated 28 Mar 11.
Exhibit E. Letter, SAF/MRBR, dated 8 Apr 11.
Panel Chair
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