RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-01867
							INDEX CODE:  112.02
							COUNSEL:  NONE

							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he was promoted from E-2 (Airman) to E-3 (Airman First Class) prior to his disability retirement.

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APPLICANT CONTENDS THAT:

Prior to his separation he should have been considered for promotion to E-3.  Servicemen with 10 months service were considered for promotion, therefore, he also should have been.  The Board should consider his appeal because it would be just.

Applicant provides no supporting documentation.  Applicant’s submission is at Exhibit A. 

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STATEMENT OF FACTS:

On 26 August 1973, the applicant was relieved from active duty in the grade of airman because of physical disability and his name was placed on the Temporary Disability Retired List (TDRL).  At the time of his release from active duty he was credited with 10 months and 24 days of active military service.  The applicant was continued in TDRL status until 22 August 1976, when he was permanently retired in the grade of airman because of physical disability.

The 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, which are a part of these proceedings at Exhibits C and D.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of the application.  DPPD states that a review of the disability processing proceedings failed to uncover any discrepancies within the records, which would require that the individual’s retirement grade be changed from airman to airman first class. The DPPD evaluation is at Exhibit C.  

AFPC/DPPPWB recommends denial of the application.  DPPPWB states that in accordance with policy in effect at the time of the applicant’s separation, an airman was promoted to the grade of E-3 when he completed 8 months’ time in grade as an E-2.  Based on the applicant’s date of rank to E-2 (3 February 1973), he would have been promoted to E-3 on 3 October 1973.  However, placement on the TDRL rendered him ineligible for promotion.  The DPPPWB evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the advisory opinions were forwarded to the applicant for review and comment on 19 July 2002.  As of this date, this office has received no response.

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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 justice to excuse the failure to timely file.

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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  Based on the applicant’s date of rank to airman (E-2), he could have been promoted to airman first class (E-3) until 3 October 1973.  However, his name was placed on the Temporary Disability Retired List (TDRL) on 26 August 1973; thus rendering him ineligible for promotion as of that date.  We do not see any basis to conclude that there has been an error. Therefore, we find no compelling basis to recommend granting the relief sought in this application.  

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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 this application in Executive Session on 16 October 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 June 2002.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 11 June 2002.
    Exhibit D.  Letter, AFPC/DPPPWB, dated 27 June 2002, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 19 July 2002

                                   Panel Chair