RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00762
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His grade of staff sergeant (SSgt/E-5) be reflected on his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his placement on the Temporary
Disability Retired List (TDRL) on 24 Jan 11.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was promoted to the grade of SSgt prior to his placement on
the TDRL and the grade of SSgt should be reflected on his
DD Form 214.
In support of his appeal, the applicant provides a copy of his
DD Form 214, issued 24 Jan 11.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty, on 24 Jan 11, and
placed on the TDRL, effective 25 Jan 11, with a compensable
disability rating of 30 percent, in the grade of senior airman
(SrA/E-4). He was credited with 7 years and 10 days of active
service for retirement.
On 6 April 2011, the applicants retirement grade was
administratively corrected to staff sergeant (SSG). Special
Order No. ACD-01795 was issued, revoking Special Order No. ACD-
00199, issued 26 Oct 10, effectively retiring the applicant in
the grade of staff sergeant (SSgt).
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial of the applicant's request to have
his rank on the DD Form 214 corrected to reflect SSgt as he
became ineligible for promotion and did not hold that grade
prior to retirement. However, they recommend Special Order ACD-
00199, 26 Oct 10, be corrected to reflect the grade of SSgt
versus SrA in accordance with AFI 36-3212, PHYSICAL EVALUATION
FOR RETENTION, RETIREMENT, AND SEPARATION para 5.15.4.
In accordance with AFI 36-3212, paragraph 5.15.4., 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. The DD Form 214 reflects the grade the member
held at time of separation/retirement.
The complete AFPC/DPSOE evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 Apr 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 in regard to the
applicants stated request. 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 relief beyond that already granted
administratively is not warranted. The applicants grade of
senior airman was accurately reflected on his DD Form 214 as the
highest grade held at retirement. Therefore, 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 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-2011-00762 in Executive Session on 25 October 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 28 Mar 11.
Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11.
Panel Chair
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