RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:	BC-2008-03051 INDEX CODE 135.00
xxxxxxxxxxxxxx	COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her retirement grade be changed from staff sergeant (E-5) to technical sergeant (E-6) and she receive retroactive pay starting from the date of her retirement.

APPLICANT CONTENDS THAT:
She was aware of this issue at the time of her retirement and tried to explain that she had held the grade of SSG6 (E-6) for approximately two years, but could not get the issue resolved. She has been homeless and does not have enough retirement income to live on. She is on multiple medications for her depression and physical disability. She asks that her records be reviewed which will verify that she was an E-6 and should be paid as such retroactive to her official date of retirement.

In support of her application, the applicant provides a personal statement, a copy of her durable power of attorney, a copy of her discharge orders from the Army National Guard, an Army NCO Evaluation Report for the period ending October 2000 and a copy of her Notification of Eligibility for Retired Pay at Age 60.

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

STATEMENT OF FACTS:
On 24 Sep 01, the applicant enlisted in the Air Force Reserve as a SSgt (E-5).

Effective 11 Apr 07, the applicant was removed from the Temporary Disability Retired List and retired in the grade of SSgt (E-5) with a compensable percentage of 30 percent for physical disability (major depressive disorder with anxiety disorder).

AIR FORCE EVALUATION:
AFPC/DPSD recommends the Board review the documents submitted and direct that the member did serve satisfactorily in the higher grade of E-6. DPSD states the applicant was promoted to SSgt (E- 6), effective 1 Sep 99, while serving in the Florida Army National Guard. Her discharge order, P331-037, dated 27 Nov 01, shows the applicant held the rank of SSG6 (E-6) when discharged from her Army National Guard Unit, effective 23 Sep 01.

The AFPC/DPSD complete evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant on 26 Sep 08 for review and comment within 30 days. As of this date, this office has received no response.

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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After carefully reviewing the evidence of record, it appears the applicant did serve satisfactorily in the grade of E-6. Therefore, we agree with the Air Force office of primary responsibility and recommend the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 11 April 2007 she was retired in the grade of technical sergeant (E-6) rather than staff sergeant (E-5).

The following members of the Board considered Docket Number BC- 2008-03051 in Executive Session on 9 Dec 09, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
All members voted to correct the records as recommend. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 13 Aug 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSD, dated 5 Sep 08.
Exhibit D.	Letter, SAF/MRBR, dated 26 Sep 08.

Panel Chair