RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 		DOCKET NUMBER: BC-2015-01468

				COUNSEL:  NONE

				HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to reflect retired rank of Master Sergeant.


APPLICANT CONTENDS THAT:

He was selected for promotion to MSgt and was scheduled to pin 
on the new rank in Jun 14; however, he met a Medical Evaluation 
Board (MEB) and was medically retired.  His retirement orders 
state he retired as a MSgt; however, his DD Form 214 reflects 
TSgt.  

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


STATEMENT OF FACTS:

On 1 Dec 99, the applicant entered the Regular Air Force.

On 13 Sep 13, the applicant was referred to Informal Physical 
Evaluation Board (IPEB) for Multiple Sclerosis.  

On 31 Mar 14, AF Form 356, Findings and Recommended Disposition 
of USAF Physical Evaluation Board, recommended the applicant be 
permanently retired with a compensation percentage of 30%.   It 
noted that the applicant’s medical condition prevents him from 
reasonably performing the duties of his office, grade, rank or 
rating.  

On 31 Mar 14, the Secretary of the Air Force directs that the 
applicant be permanently retired under the provisions of 10 USC 
1201.  On the same date, the applicant agreed with the finding 
and recommended disposition of the IPEB and waived his rights to 
a Formal PEB hearing.

On 28 Jul 14, the applicant was furnished an honorable 
discharge, and was credited with 14 years, 7 months, and 28 days 
of active service.   

The applicant’s DD Form 214, reflects a grade, or rank of 
Technical Sergeant and a pay grade of E-6.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial indicating there is no evidence of 
an error or an injustice. 

The applicant was tentatively selected for promotion to the 
grade of MSgt during cycle 13E7.  He received promotion sequence 
number (PSN) 3529.0 which would have incremented 1 Jun 14; 
however, he was found unfit for further military service by the 
Secretary of the Air Force on 1 Apr 14 and permanently 
disability retired effective 28 Jul 14.  In accordance with AFI 
36-2502, Airmen Promotion/Demotion Programs, 31 Dec 09, Table 
1.1, Rule 7, 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.  

When promotion eligibility status (PES) code “L” (determined by 
SAF to be unfit to perform duties due to physical disability) 
was updated in the system effective 1 Apr 14, the applicant’s 
projected promotion was removed.

They also note that 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.  

      It must be noted that 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.  The 
retirement order also reflects this rank as “highest grade held 
on active duty: TSG”.

A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Sep 15 for review and comment within 30 days 
(Exhibit D).  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.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its 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-2015-01468 in Executive Session on 7 Jan 16 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2015-01468 was considered:

	Exhibit A.  DD Form 149, dated 26 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOE, dated 15 Jun 15.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 15.