RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01708 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His rank listed on his DD Form 214, Certificate of Release or Discharge from Active Duty, issued 3 Dec 07, in Block 4a/b, Grade, Rate or Rank/Pay Grade, be changed to Staff Sergeant (SSgt/E-5). APPLICANT CONTENDS THAT: His rank listed on his DD Form 214, issued in conjunction with his placement on the Temporary Disability Retired List (TDRL) is incorrect. His untimely application should be considered in the interest of justice because he received a form from the Physical Disability Board of Review (PDBR) in Apr 13. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to his DD Form 214, his grade at the time of discharge was Senior Airman (SrA/E-4), with a Date of Rank (DOR) of 18 Aug 02. According to Special Order Number ACD-00133, on 3 Dec 07, the applicant was honorably discharged, and on 4 Dec 07, he was placed on the TDRL, with a compensable disability rating of 40 percent, in the grade of SSgt. He was credited with 8 years, 3 months, and 16 days of active service. AIR FORCE EVALUATION: AFPC/DPSOE recommends denial indicating that he became ineligible for promotion and did not hold that rank prior to placement on the TDRL. The applicant was considered and tentatively selected for promotion to the grade of SSgt during cycle 07E5. He received Promotion Sequence Number (PSN) 263.0 which would have incremented 1 Sep 07; however, since he had not completed Airman Leadership School (ALS) prior to the pin-on date, his promotion was placed in withhold pending completion of PME (AFI 36-2502, Table 1.2, item 11). In accordance with AFI 36-2502, Airman Promotion Program, para 1.12., airmen selected for promotion to the grade of SSgt, MSgt, or CMSgt must complete in-residence Professional Military Education (PME) before assuming these grades. The Military Personnel Data System (MilPDS) automatically withholds promotion for those who do not complete appropriate PME prior to the effective date. On 22 Oct 07, the applicant was found unfit for further military service by the Secretary of the Air Force (SecAF). In accordance with AFI 36-2502, Table 1.1, Rule 7, airmen are ineligible for promotion in a particular cycle if they have been determined by the SecAF to be unfit to perform the duties of their grade because of physical disability. When Promotion Eligibility Status (PES) code "L" was updated in the system, the applicant's projected promotion was removed. AFI 36-2301, Professional Military Education, states for active duty members, resident ALS completion is required to assume the rank of staff sergeant. In accordance with AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, paragraph 5.15.4., 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. This is for retirement and pay purposes only. The DD Form 214 reflects the active duty grade the member held at time of separation/retirement and the retirement order correctly reflects "highest grade held on active duty" as SrA. The complete DPSOE evaluation is at Exhibit C. AFPC/DPFD recommends denial, indicating the preponderance of evidence reflects that no error or injustice occurred during the disability process. The retirement order, Special Order (SO) ACD-00133, issued 22 Oct 07, pertaining to the applicant’s placement on the TDRL, effective 4 Dec 07 reflects the projected higher grade of SSgt as the retired grade. The DD Form 214 is correct as applicant had not worn the grade of SSgt prior to his Date of Separation (DOS). The complete DPFD evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 13 Jun 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 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 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 of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-01708 in Executive Session on 26 Feb 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01708 was considered: Exhibit A. DD Form 149, dated 21 May 13, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 30 Apr 14. Exhibit D. Letter, AFPC/DPFD, dated 30 May 14. Exhibit E. Letter, SAF/MRBR, dated 13 Jun 14.