RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01050
		INDEX CODE:  131.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be promoted to the rank of Chief Master Sergeant (CMSgt) effective 1 May 04, his retirement records indicate the rank of CMSgt, and he receive retroactive pay as a CMSgt.

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APPLICANT CONTENDS THAT:

His commander selected him to backfill the CMSgt position upon the retirement of the current CMSgt.  Paperwork was submitted to place him in the position, and on 4 Apr 04 he was double slotted and began duties in the CMSgt position.  For some reason the Personnel Flight did not place his name on the promotion roster on 1 May 04 as it should have.

In Jun 04, he was diagnosed with Multiple Myeloma.  On 11 Jul 04, he reported his diagnosis to the Medical Squadron and was placed on a T-4 Profile which kept him from participating for pay or points, and from being promoted.  He appealed the T-4 status the following day.  In Jul 04, his name also failed to appear on the promotion roster.  

When the CMSgt retired in Sep 04, the commander placed another SMSgt in the position since his medical appeal was not complete and it did not appear that he would have the two years retainablity because of his age.  

In Nov 04, a bone marrow biopsy showed that he was in remission with no Myeloma cells present.  He informed the Medical Squadron that he was in remission.  His packet for the Informal Physical Evaluation Board (IPEB) did not leave Tinker AFB until late Dec 04, and it did not contain the documentation stating he was in remission.  This was six months after he had informed the Medical Squadron of his condition.  He was informed in Mar 05 that the IPEB found him unfit for continued military duty.  He immediately requested a Formal Physical Evaluation Board (FPEB).  He was informed that a FPEB would be held on 11-12 May 05, to consider his appeal.  During the ten months between being assigned the T-4 medical profile and the FPEB, he was in contact with his squadron checking the status of his appeal.  During this period, he also continued working at his civilian position as many as 70 hours per week, while missing only 7 days of work because of medical appointments.  The FPEB found him fit for continued service on  12 May 05, because he was in complete remission.  Air Force Reserve Command (AFRC), assigned his medical status as T-3.  He returned to reserve duty on 9 Jul 05, 12 full months after his appeal began.  

In summary, he feels that three errors occurred that prevented him from being promoted to CMSgt.  1) The MPF should have placed his name on the promotion roster in either May or Jul; 2) He should have been placed on T-3 status similar to active duty members when diagnosed with cancer, which would have allowed him to continue duty in a drilling status, and be promoted to CMSgt; and 3) the medical evaluation appeal process should have taken less time, allowing him to return to duty sooner and be promoted to the rank of CMSgt.

In support of his request, applicant provided his personal statement, Commander’s letter stating his intentions to promote him, Virtual MPF History indicating placement in the Air Freight Superintendent position, an Organizational Chart, his last three Senior Enlisted Performance Reports, two AF Form 422s, Physical Profile Serial Reports, and a Narrative Summary, dated 5 Dec 04.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was promoted to senior master sergeant (SMSgt) on  1 Sep 00, and retired in this grade on 19 Sep 06, at age 60.  He was credited with 28 years, 11 months, and 6 days of satisfactory service.

Applicant’s last Duty Air Force Specialty Code (DAFSC) was 2T291.

On 1 Sep 06, the Squadron Commander, in a memorandum for the Military Records Review Board indicated that the applicant was his #1 choice to replace the CMSgt that was retiring, and if not for this misfortune, he believes that the applicant would have been an outstanding CMSgt and an excellent senior enlisted member.

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AIR FORCE EVALUATION:

HQ AFRC/A1B reviewed the application and recommends denial.  They stated, in part, that IAW AFI 36-2502, Airman Promotion Program, Chapter 4, Air Force Reserve enlisted personnel are promoted under the unit vacancy promotion program.  Enlisted personnel must be in a higher graded position, meet eligibility conditions, be recommended by the supervisor and approved by the promotion authority.  It is solely the duty of the unit commander to render the decision to promote an individual based on their meeting eligibility requirements as of the last day of the month prior to the promotion month.  The documentation provided by the applicant, clearly indicated the Commander did not approve the promotion due to disqualifying conditions.  The Commander’s memorandum dated 1 Sep 06, backs this statement.

The AFRC/A1B complete evaluation, with attachment is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Oct 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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 timely filed.

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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, 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 Docket Number    BC-2007-01050 in Executive Session on 20 December 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2007-01050 was considered:

    Exhibit A.  DD Form 149, dated 30 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/A1B, dated 10 Oct 07, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.

								XXXXXXXXXX
								Panel Chair