RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01299 COUNSEL: NONE HEARING DESIRED: NO __________________________________________________________________ APPLICANT REQUESTS THAT: His retirement pay grade be changed from captain (O-3) to major (O-4) or lieutenant colonel (O-5). __________________________________________________________________ APPLICANT CONTENDS THAT: He was diagnosed with multiple sclerosis (MS) in June 1986. The Air Force admitted it could not ensure he could be assigned to a base which had a neurologist who treats MS; therefore, he was told to stay home. After a few months, he was retired without the opportunity to find legal counsel. He was retired with ten years and two months of service. Another year or two would have resulted in his promotion to major. He firmly believes his sudden retirement was to prevent him from being promoted. In support of his appeal, the applicant provides a letter from his congressional member’s office. The applicant’s complete submission, with attachment, is at Exhibit A. __________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 26 June 1981 through 9 August 1991. He was progressively promoted to the grade of captain effective 26 June 1985. On 20 June 1991, the Informal Physical Evaluation Board (IPEB) reviewed the applicant’s diagnosis of MS, progressive, without complete remission, with bowel and bladder incontinence, paresthias, bilateral foot drop, balance problems, right (major) upper extremity involvement, and organic mental changes (depression); required foot drop brace bilateral, and cane. The IPEB recommended placement on the Temporary Disability Retired List (TDRL) with a disability rating of 80 percent. The applicant concurred with the findings on 20 June 1991. Orders were issued that placed the applicant on the TDRL effective 10 August 1991 and retired him in the grade of captain. On 18 September 1992, the IPEB reviewed the mandatory TDRL re- evaluation narrative and recommended the applicant be permanently retired with a disability rating of 100 percent for diagnosis of MS, chronic, progressive, with bladder dysfunction. The IPEB also noted he was unemployable. The applicant concurred with the findings on 18 October 1992. Special Order ACD-63, dated 8 October 1992, removed him from the TDRL effective 18 October 1992, and permanently retired him with a disability rating of 100 percent in the retired grade of captain. __________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPSD recommends denial. DPSD states that according to AFPC/DPSOO, Officer Promotion Branch, the applicant met the Calendar Year 1991A Major Central Selection Board, but was not selected for promotion. Once a member is placed on the TDRL, they are in a retired status and are not eligible to meet a promotion board. Since the applicant was not selected for promotion to the grade of major, his retirement orders are correct in showing his pay grade as captain. The preponderance of evidence reflects that no error or injustice occurred during the disability process. The complete DPSD evaluation is at Exhibit C. AFPC/DPSOO recommends denial. DPSOO states that no evidence has been presented to demonstrate the existence of an error or injustice. Further, to grant a direct promotion would be unfair to all the other officers who have extremely competitive records and also did not get promoted. In addition, there is no evidence to support his claim that he would have been promoted had he been on active duty to meet his primary board. The compete DPSOO evaluation is at Exhibit D. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 August 2010, for review and comments 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01299 in Executive Session on 14 December 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-01299: Exhibit A. DD Form 149, dated 1 Mar 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 4 Jun 10. Exhibit D. Letter, AFPC/DPSOO, dated 9 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.