RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02630

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was released from active duty and his name was placed on the Temporary Disability Retired List (TDRL) in the grade of sergeant (Sgt) rather than senior airman (SrA).

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APPLICANT CONTENDS THAT:

He became a SrA on 5 Dec 84, completed the Noncommissioned Officer (NCO) Preparatory Course, and would have become eligible for the rank of Sgt on 5 Dec 85.

His chain of command had intended for his promotion to take place.

He believes the change in his rank is warranted based on the date his name was placed on the Permanent Disability Retired List (PDRL).  

The change in rank would not affect his pay status, but would place a positive end to his almost 20 years of emotional pain from his psychiatric illness.

In support of his appeal, the applicant provided copies of his separation document, Airman Performance Reports (APRs), and a nomination letter to the Air Force Academy and his commander’s indorsement.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 Oct 81.

He was relieved from active duty, and his name was placed on the TDRL, effective 14 Nov 85 in the grade of SrA, after he was diagnosed with atypical bipolar disorder, mixed, chronic, with definite impairment of social and industrial adaptability.  He received a compensable disability rating of 30 percent.

His name was removed from the TDRL and placed on the PDRL, effective 16 Jun 88 in the grade of SrA, after he was diagnosed with atypical bipolar disorder, mixed, chronic with definite impairment of social and industrial adaptability.  He received a compensable disability rating of 30 percent.  He was credited with 4 years, 1 month, and 9 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating that members placed on the TDRL are retired in the highest grade held on active duty.  According to AFPC/DPPAE, the applicant never held the rank of Sgt prior to his name being placed on the TDRL.

A complete copy of the AFPC/DPPAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 15 Oct 04 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation provided in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  No evidence has been presented which would lead us to believe the applicant was serving in the grade of Sgt at the time his name was placed on the TDRL.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we agree with the recommendation of the OPR and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, 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 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 AFBCMR Docket Number BC-2004-02630 in Executive Session on 8 Dec 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 5 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 04.