RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01996
		INDEX CODE:  131.00
		COUNSEL:  NONE
		HEARING DESIRED:  NOT STATED

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APPLICANT REQUESTS THAT:

He be promoted to the grade of Chief Master Sergeant (CMSgt).

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APPLICANT CONTENDS THAT:

He received damage to his spine and a traumatic brain injury from an explosion while serving in Iraq.  He was allowed to test one time; however, his mind and memory were destroyed by the bomb.  Because he was hospitalized so often and was taking a high dosage of pain medication, it was impossible for him to test again.  He worked hard to achieve the rank of CMSgt and he nearly literally gave his life for his country.  His records will prove that he deserves to be promoted to CMSgt.

In support of the application, he submits an AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, authorization for release of health information, and physician’s progress record.

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

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STATEMENT OF FACTS:

Applicant was honorably retired on 6 May 08 in the grade of Senior Master Sergeant for permanent disability.  He served 24 years, 4 months and 8 days on active duty.

A review of his last two testing cycles revealed he scored 52.53 for cycle 02E8 (nonselect) and 54.64 for cycle 03E8 (select).  These scores are only 2.02 and 4.13 points above his score for cycle 05E9, for which he missed promotion by 8.44 points.  There were 32 eligibles for promotion considered in the applicant’s AFSC.  Of the seven selected for promotion, four had higher board scores.  He was the number two nonselect.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPSOE recommends denial.  DPSOE states the applicant was considered and nonselected for promotion to CMSgt during cycle 05E9.  His PFE score was 50.51 and his board score was 375.00 (out of a possible 450.00).  His total score was 625.51 and the score required for selection in his AFSC/CEM was 633.95.  He was nonweighable for cycles 06E9 and 07E9 due to not testing.

The complete DPSOE 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 the applicant on 5 Sep 08 for review and comment within 30 days.  As of this date, this office has received no response (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 timely filed.     

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s completion submission in judging the merits of the case; however, no evidence exists in his records to indicate that an error or injustice was made which prevented his promotion to CMSgt.  The personal sacrifices he has endured for his country are duly noted and our decision in no way is meant to diminish the high regard we have for his service, however, in the absence of evidence to the contrary, we find no 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 BC-2008-01996 in Executive Session on 13 November 2008 under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOE, dated 10 Jun 08.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Sep 08.

                                   XXXXXXXXXX
                                   Panel Chair