RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01708
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His rank listed on his DD Form 214, Certificate of Release or
Discharge from Active Duty, issued 3 Dec 07, in Block 4a/b,
Grade, Rate or Rank/Pay Grade, be changed to Staff Sergeant
(SSgt/E-5).
APPLICANT CONTENDS THAT:
His rank listed on his DD Form 214, issued in conjunction with
his placement on the Temporary Disability Retired List (TDRL) is
incorrect.
His untimely application should be considered in the interest of
justice because he received a form from the Physical Disability
Board of Review (PDBR) in Apr 13.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to his DD Form 214, his grade at the time of discharge
was Senior Airman (SrA/E-4), with a Date of Rank (DOR) of 18 Aug
02.
According to Special Order Number ACD-00133, on 3 Dec 07, the
applicant was honorably discharged, and on 4 Dec 07, he was
placed on the TDRL, with a compensable disability rating of
40 percent, in the grade of SSgt. He was credited with 8 years,
3 months, and 16 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial indicating that he became
ineligible for promotion and did not hold that rank prior to
placement on the TDRL.
The applicant was considered and tentatively selected for
promotion to the grade of SSgt during cycle 07E5. He received
Promotion Sequence Number (PSN) 263.0 which would have
incremented 1 Sep 07; however, since he had not completed Airman
Leadership School (ALS) prior to the pin-on date, his promotion
was placed in withhold pending completion of PME (AFI 36-2502,
Table 1.2, item 11). In accordance with AFI 36-2502, Airman
Promotion Program, para 1.12., airmen selected for promotion to
the grade of SSgt, MSgt, or CMSgt must complete in-residence
Professional Military Education (PME) before assuming these
grades. The Military Personnel Data System (MilPDS)
automatically withholds promotion for those who do not complete
appropriate PME prior to the effective date.
On 22 Oct 07, the applicant was found unfit for further military
service by the Secretary of the Air Force (SecAF). In
accordance with AFI 36-2502, Table 1.1, Rule 7, airmen are
ineligible for promotion in a particular cycle if they have been
determined by the SecAF to be unfit to perform the duties of
their grade because of physical disability. When Promotion
Eligibility Status (PES) code "L" was updated in the system, the
applicant's projected promotion was removed.
AFI 36-2301, Professional Military Education, states for active
duty members, resident ALS completion is required to assume the
rank of staff sergeant.
In accordance with AFI 36-3212, Physical Evaluation for
Retention, Retirement, and Separation, 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 active duty
grade the member held at time of separation/retirement and the
retirement order correctly reflects "highest grade held on
active duty" as SrA.
The complete DPSOE evaluation is at Exhibit C.
AFPC/DPFD recommends denial, indicating the preponderance of
evidence reflects that no error or injustice occurred during the
disability process.
The retirement order, Special Order (SO) ACD-00133, issued
22 Oct 07, pertaining to the applicants placement on the TDRL,
effective 4 Dec 07 reflects the projected higher grade of SSgt
as the retired grade. The DD Form 214 is correct as applicant
had not worn the grade of SSgt prior to his Date of Separation
(DOS).
The complete DPFD evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 13 Jun 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion the applicant has not been the victim of an error of
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
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-2014-01708 in Executive Session on 26 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01708 was considered:
Exhibit A. DD Form 149, dated 21 May 13, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 30 Apr 14.
Exhibit D. Letter, AFPC/DPFD, dated 30 May 14.
Exhibit E. Letter, SAF/MRBR, dated 13 Jun 14.
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