RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04452

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his grade as Staff Sergeant (SSgt), instead of Senior Airman (SrA).

2.  His DD Form 214 be corrected to reflect his years of service as 10 years and 1 month, instead of 9 years and 11 months.

APPLICANT CONTENDS THAT:

His DD Form 214 has the incorrect grade and his DD Form 214 should reflect his years of service as 10 years and 1 month instead of 9 years, 11 months.  

Special Order ACD 00516 dated 20 November 2012, reflects he retired in the grade of SSgt and also reflects the correct years of military service which is 10 years 1 month.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force 14 Nov 01.

On 4 Aug 11, a Medical Evaluation Board (MEB) diagnosed the applicant with Post Traumatic Stress Disorder (PTSD) with Mood Disorder and Obstructive Sleep Apnea (OSA).  These conditions were found In the Line of Duty (ILOD) and the MEB recommended he be referred to an Informal Physical Evaluation Board (IPEB).

On 9 Aug 11, the applicant was referred to an IPEB for PTSD with Mood Disorder and OSA.  The IPEB found the applicant unfit and made no recommendation pending the Department of Veterans Affairs (DVA) rating.

On 19 Aug 11, the applicant was demoted to the grade of SrA for failure in the fitness program, with a new date of rank of 12 Aug 11.

On 13 Oct 11, the IPEB found the applicant’s diagnosis of PTSD with Mood Disorder unfitting and recommended temporary retirement with a 50 percent compensable disability rating.  On 17 Oct 11, the applicant agreed with the findings and waived his rights to a formal hearing.

On 29 Nov 11, the Secretary of the Air Force Personnel Council (SAFPC) determined the applicant served satisfactorily in the grade of SSgt.

On 30 Nov 11, the Secretary of the Air Force (SECAF) directed the applicant be placed on the Temporary Disability Retired List (TDRL).

According to Special Order Number ACD-00508, dated 7 Dec 11, the applicant was relieved from active duty and placed on the TDRL in the grade of SSgt, effective 29 Dec 11.  He was credited with 10 years, 1 month, and 15 days of total service for pay and retirement.

On 13 Nov 12, an IPEB recommended the applicant be removed from the TDRL and permanently retired with a 50 percent compensable disability rating.  On 16 Nov 12, the applicant concurred with the findings.

On 20 Nov 12, the SECAF directed the applicant be removed from the TDRL and permanently retired under the provisions of 10 USC § 1201, effective 10 Dec 12.  He was credited with 10 years, 1 month, and 15 days of total service for pay and retirement.

AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, paragraph 5.15. Grade on Retirement states, “Unless entitled to a higher retired grade under some other provision of law, members permanently retired for disability or placed on the TDRL retire in the highest of the following grades (10 U.S.C. 1372):”

Paragraph 5.15.1. Grade in Which Serving states, “The grade in which the member is serving on the date placed on the TDRL or on the date permanently retired for disability.”

Paragraph 5.15.3. Higher Grade states, “A higher grade in which the member served satisfactorily on active duty, as determined by the SAF.”

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

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denial of the applicant’s request to correct his years of service on his DD Form 214 indicating there is no evidence of an error or an injustice.  The applicant’s years of service is correctly reflected as 10 years, 1 month, and 15 days.

A review of the applicant’s master personnel record determined that he enlisted on 14 Nov 01.  On 28 Dec 11, he was medically retired and placed on the TDRL, therefore, he served on active duty for a period of 10 years, 1 month, and 15 days.

A complete copy of the AFPC/DP2LT evaluation, with attachment, is at Exhibit C.

AFPC/D3SP recommends denial of applicant’s request to have the grade on his DD Form 214 corrected to reflect SSgt indicating there is no evidence of an error or an injustice.  The applicant was demoted to the grade of SrA and did not hold the grade of SSgt at the time of his retirement from active duty.

On 29 Nov 11, SAFPC determined the applicant served satisfactorily in the grade of SSgt; however, this is for retirement and pay purposes only.  The retirement order also reflects SSgt as the highest grade held on active duty.  The DD Form 214 reflects the active duty grade members hold at time of separation/retirement. 

A complete copy of the AFPC/D3SP evaluation is at Exhibit D.

AFPC/DFDC recommends denial of the applicant’s request to correct his DD Form 214 to reflect the grade of Staff Sergeant indicating there is no evidence of an error or an injustice.  

On 29 Dec 11, the applicant was placed on the TDRL with a 50 percent disability rating.  On the original orders placing the applicant on the TDRL, he was addressed as SSgt.  He was placed on the TDRL and retired in the grade of SSgt per AFI 36-3212 and Title 10 USC § 1372 for pay purposes only.  His final TDRL order addressed him as SSgt instead of SrA.  A DD Form 214 would not be accomplished on a member who is being removed from the TDRL and should not be approved based on the fact a member should not be given a different grade based on an administrative error.

A complete copy of the AFPC/DFDC evaluation, with attachments, is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 29 Sep 16 for review and comment within 30 days (Exhibit F).  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 to warrant changing the applicant’s grade or years of service on his DD Form 214.  While the Board has a moral obligation to correct an error when it finds one, after reviewing Special Order Number ACD-00508, that incorrectly addresses him as SSgt instead of SrA, we are in complete agreement with the comments of AFPC/DFDC and conclude the error on his orders is harmless.  Although the applicant retired in the grade of SSgt, his DD Form 214 accurately reflects the active duty grade (SrA) he held at time of his separation.  His DD Form 214 also correctly reflects he was credited with 10 years, 1 month and 15 days of total service for pay and retirement. Therefore, we agree with the opinions and recommendations of the Air Force OPRs and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an injustice.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting any of the relief sought in this application.

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-2015-04452 in Executive Session on 13 Dec 16 under the provisions of AFI 36-2603:

				    , Panel Chair
					   , Member
				  , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04452 was considered:

	Exhibit A.  DD Form 149, dated 15 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 9 May 16, w/atch.
	Exhibit D.  Memorandum, AFPC/D3SP, dated 11 Aug 16.
	Exhibit E.  Memorandum, AFPC/DFDC, dated 6 Se 16, w/atchs.
	Exhibit F.  Letter, SAF/MRBR, dated 29 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.