RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00856
		INDEX CODE  131.00  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His discharge papers be changed to reflect that he was promoted to the grade of staff sergeant (E-5) while he was on active duty.

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APPLICANT CONTENDS THAT:

The E-5 status was earned before the discharge but not awarded.  The status of E-5 was to be awarded three days after discharge.  He was told by the First Sgt that he would not receive the E-5 promotion because of his discharge being three days before the 1st of April award date.  He is not asking for an increase in payment, however, he is just asking for the E-5 status that he earned so many years ago.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 12 April 1974 for a period of four years and was progressively promoted to the grade of sergeant (E-4)effective  1 March 1973.  

On 4 March 1977, a physical evaluation board (PEB) found the applicant unfit because of a physical disability (Retinitis pigmentosa).  He was released from active duty and placed on the Temporary Disability Retired List (TDRL) effective 25 March 1977.  His records did not show that he was on a promotion selection list at the time he was placed on the TDRL.

On 19 March 1981, the applicant was removed from the TDRL and permanently retired in the grade of sergeant, effective 7 April 1981.  He was awarded a 70% physical disability.  He served 5 years, 11 months and 18 days of active service.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits B and C.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommended the applicant’s request be time barred; however, if the Board chose to decide the case, DPPPWB recommends denial on its merits.

On 4 Mar 77, officials within the office of the Secretary of the Air Force made the determination the applicant was unfit for further active military service and as a result, he was released from active duty on 24 Mar 77 and placed on the TDRL. Officers and airmen become ineligible for promotion when the Secretary of the Air Force has made a determination that the member is unfit because of physical disability (AFR 39-29, Promotion of Airmen, Table 3, Line I, 1 Aug 74). Secretarial determination is made after the boards and councils of the Physical Disability Evaluation System have acted on the case and made their recommendation for disposition of the member being evaluated. Ineligibility occurs on the date of the Secretarial determination and is effective that date, irrespective of the fact that a member may be on an announced promotion selection list awaiting promotion, or that the member may actually retire or separate for physical disability on a date subsequent to the determination. Since officials within the office of the Secretary of the Air Force made the determination on 4 Mar 77 that the applicant was unfit for further active military service, he became ineligible for promotion on that date. Consequently, the applicant was not entitled to be placed on the TDRL in the grade of SSgt, a grade that he did not hold prior to his separation.

The AFPC/DPPPWB evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 12 April 2002, for review and comment.  As of this date, no response has been received by this office.

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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 jutice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his records should be changed to reflect that he had been promoted to the grade of staff sergeant while on active duty.  A physical evaluation board found the applicant unfit for duty because of a physical disability and placed him, while in the grade of sergeant, on the Temporary Disability Retired List (TDRL) effective 25 March 1977.  As a consequence of being found unfit for duty, he became ineligible for promotion as of that date.  Therefore, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Absent persuasive evidence to the contrary, we find no compelling basis upon which to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered Docket Number 02-00856 in Executive Session on 13 June 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 5 Mar 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPWB, dated 2 Apr 02.
	Exhibit D.	Letter, SAF/MRBR, dated 12 Apr 02.