RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02080
		INDEX CODE:  131.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, blocks 4a and 4b be changed to read Staff Sergeant (SSgt) and E5, respectively. 

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APPLICANT CONTENDS THAT:

His line number for SSgt was 3280.  He was granted a promotion waiver because he had not attended Airman Leadership School (ALS).  He received authorization and wore the rank of SSgt for approximately one month prior to his retirement.

In support of the application, he submits his DD Form 214, an electronic mail message, a promotion certificate, and his Weighted Airman Promotion System (WAPS) Score Notice.

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

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STATEMENT OF FACTS:

The applicant was tentatively scheduled for promotion to the grade of SSgt during promotion cycle 07E5.  He received promotion sequence number 3280 which incremented 1 Nov 07.  However, he became ineligible for promotion when the Secretary of the Air Force (SECAF) determined he was unfit to perform the duties of the grade due to a physical disability.  

On 3 Dec 07, the applicant was honorably discharged from service in the grade of senior airman by reason of physical disability.  However, IAW Special Order ACD-00144, on 4 Dec 07, his name was placed on the Temporary Disability Retired List (TDRL) in the grade of SSgt.  

Per the FY97 National Defense Authorization Act and Disability Retirement Act, if there is a projected promotion in the system when the member is found unfit for duty, the member may be placed on the Temporary Duty Retired List (TDRL) in the projected grade.  Also, members who are retired on or after 23 Sep 96 may be retired in the regular or reserve grade to which they had been selected and would have been promoted had it not been for the physical disability for which they were retired.  This is for retirement and pay purposes only.

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AIR FORCE EVALUATION:

HQ AFPC/DPSOE recommends denial.  The applicant is under the misconception that his commander waived his PME attendance altogether.  EPME can be temporarily waived for those members who could not, through no fault of their own, complete the required training prior to sewing on the new stripe.  While this is true for the applicant, the additional requirement that the member perform the EPME within 179 days of their promotion effective date could not be met by the applicant.  If he were to be found fit for duty at a later date and returned to active duty, he would be required to complete ALS prior to pinning on the rank of SSgt.  

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 25 Jul 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 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 AFBCMR BC-2008-02080 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 28 May 08 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOE, dated 23 Jun 08.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 08.

                                   XXXXXXXXXX
                                   Panel Chair