RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-03843 COUNSEL:	NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to correct the following errors:

1)	His retired grade be changed from staff sergeant (E-5) to technical sergeant (E-6).

2)	Award	the	Air	Force	Commendation	Medal,	1st	Oak	Leaf Cluster (AFCM w/1OLC) (Administratively Corrected).

APPLICANT CONTENDS THAT:
His DD Form 214 should reflect the grade of technical sergeant (E-
6) because his (amended) retirement order, ACD-02716, reflects he is permanently disability retired in the grade technical sergeant.

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

STATEMENT OF FACTS:
On 16 Oct 01, the applicant entered the Regular Air Force.
On 22 May 13, the Informal Physical Evaluation Board (IPEB) recommended the applicant for permanent retirement for unfitting conditions which are compensable and ratable. The applicant concurred with the PEB findings and recommendations on 6 Jun 13.

Per Special Order (SO) Number ACD-02480, dated 19 Jun 13, the applicant was relieved from active duty effective 28 Aug 13. Effective 29 Aug 13, the applicant was permanently disability retired in the grade of Staff Sergeant, and was credited with 11 years, 10 months, and 13 days of active service.

Per SO Number ACD-02716, dated 11 Jul 13, which amended SO ACD- 02480, the applicant was permanently disability retired in the grade of Technical Sergeant effective 29 Aug 13.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.

AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial indicating there is no evidence of an error or an injustice. The applicant was considered and tentatively selected for promotion to the grade of technical sergeant (E-6) during cycle 13E6 and received a promotion sequence number which would have incremented 1 Sep 13. The directive in place at the time of his separation, AFI 36-2502, Enlisted Airman Promotion/Demotion Programs, dated 31 Dec 09, states airmen are ineligible for promotion in a particular cycle if they have been determined by the Secretary of the Air Force to be unfit to perform the duties of their grade because of physical disability. The Promotion Eligibility Status (PES) code “L” in the military personnel data system, effective 19 Jun 13, removed the applicant’s promotion eligibility. However, for retirement and pay purposes, AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, states 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. The DD Form 214 reflects the active duty grade the member held at time of retirement and the (amended) retirement order  also reflects this rank as “highest grade held on active duty,” which was staff sergeant (E-5).

A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.
AFPC/DPSOR recommends the Board take no action. It was identified the applicant’s personnel data system records has already been updated to reflect the AFCM w/1 OLC in question; therefore, his DD Form 214 will be administratively corrected.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to  the applicant on 1 Dec 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.

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 warranting correction of the applicant’s records to changing his grade on his DD Form 214, Certificate of Release or Discharge from Active Duty. We took notice of the applicant’s complete submission in judging the merits of the case; and we agree with the opinion and recommendation of the AFPC/DPSOE and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Additionally, we note AFPC/DPSIDR has determined the applicant’s personnel data system records already reflect his award of the AFCM w/1 OLC and his DD Form 214 will be administratively corrected. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively.

4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2014-03843 in Executive Session on 28 Jul 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 17 Sep 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSOE, dated 26 Sep 14. Exhibit D.	Memorandum, AFPC/DPSOR, dated 11 Nov 14. Exhibit E.	Letter, SAF/MRBR, dated 1 Dec 14.