RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00583 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect she was retired in the grade of technical sergeant (TSgt), rather than staff sergeant (SSgt). _________________________________________________________________ APPLICANT CONTENDS THAT: Although her DD Form 214 reflects she was Temporary Disability Retired, she was permanently disability retired due to Lupus in the grade of TSgt. The applicant’s complete submission, including attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are at Exhibits C and D. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial of the applicant’s request to have her rank, as reflected on her DD Form 214, corrected to reflect she held the grade of technical sergeant when she was transferred to the TDRL. The applicant was considered and tentatively selected for promotion to the grade of technical sergeant during cycle 08E6 and received promotion sequence number 7910.0 which would have incremented on 1 Jul 09; however, she was found unfit for further military service on 3 Jul 08 and placed on the TDRL in the grade of staff sergeant, effective 12 Sep 08. She was subsequently permanently disability retired, effective 14 Jul 10, in the grade of technical sergeant. In accordance with AFI 36- 2502, airmen are ineligible for promotion in a particular cycle if they have been determined to be unfit for continued military service. Furthermore, service members who are retired on or after 23 Sep 96 may be retired in the regular or reserve grade that they had been selected and would have been promoted had they not been retired due to a physical disability; this is for retirement pay purposes only. The applicant’s DD Form 214 accurately reflects the grades she held at the time of her discharge and transfer to the TDRL, and subsequent permanent disability retirement. The complete AFPC/DPSOE evaluation is at Exhibit C. HQ AFPC/DPPD recommends denial, indicating there is no evidence of an error or injustice. The applicant was selected for promotion to TSgt, but was unable to pin on the higher grade due to her being found unfit for continued military service due to a physical disability. She was retired in the grade of TSgt for retired pay purposes and her DD Form 214 accurately reflects the grade she held while on active duty and was wearing at the time of separation. The complete AFPC/DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 8 Apr 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). _________________________________________________________________ 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. After careful consideration of the applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been adequately rebutted by applicant. Absent persuasive evidence applicant was denied rights to which she was entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record. _________________________________________________________________ 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-2011-00583 in Executive Session on 18 Oct 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Feb 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 9 Mar 11. Exhibit D. Letter, AFPC/DPPD, dated 28 Mar 11. Exhibit E. Letter, SAF/MRBR, dated 8 Apr 11. Panel Chair