RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00455

XXXXXXXXXX 	COUNSEL:  NONE
	
	HEARING:  NO	

APPLICANT REQUESTS THAT:

1. Promotion to the grade of Master Sergeant (E-7), with an effective date of 1 Aug 15.

2. Advancement on the retirement list to E-7.

3. High-3 retirement compensation.

APPLICANT CONTENDS THAT:

She had to decline promotion to E-7 due to medical issues, which prevented her from committing to a one-year active duty service commitment (ADSC).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Regular Air Force in the grade of technical sergeant (E-6).  

On 9 Nov 15, the applicant submitted a voluntary retirement application, requesting a 1 Sep 16 effective date of retirement.  

On 13 Nov 15, the applicant’s commander coordinated on her retirement application, indicating she had no pending action or an ADSC that affects her retirement eligibility.  

As of 21 Apr 16, according to the AFBCMR Medical Consultant, the applicant’s medical providers showed no intent or need to medically retire her by the following remarks made in the record for both her plantar fascial fibromatosis and low back pain, which reads, “Patient meets duty and mobility requirements,” although still unable to do longer distance running and push-ups due to “pain in unspecified ankle and joints of unspecified foot.”  She was put on a 90-day profile.  

From 26 Apr 16 to 8 Jul 16, according to the AFBCMR Psychological Advisor, the applicant attended Fibromyalgia group sessions.  Her last treatment note: “Patient completed the Fibromyalgia Tx Program and has experienced decreased pain on average and much improved sleep.  She is packing for PCS for retirement and has been planning her tasks and pacing herself, has maintained her sleep program.”  

On 6 Jun 16, according to documentation submitted by the applicant, she was notified she had received Supplemental Promotion Consideration in cycle 15E7, and was rendered a SELECT with a line number 303.9, with an effective promotion date of 1 Aug 15.  

Subsequent to the 6 Jun 16 Supplemental Promotion notification, according to documentation submitted by the applicant, she, with her commander’s endorsement, declined her Supplemental Promotion selection to E-7.  

On 31 Aug 16, the applicant was honorably discharged, retired effective 1 Sep 16, having served 20 years and 3 days active service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C, D, E, and F.

AIR FORCE EVALUATION:

AFPC/DP2SPP Enlisted Promotions recommends denying the application.  The applicant was supplementally considered and tentatively selected for promotion to E-7 in Jun 16 for cycle 15E7.  She received promotion sequence number (PSN) 303.9 which incremented 1 Aug 15; however, in an undated letter signed by the applicant and her commander, she declined the promotion, with the understanding that it could not be reinstated.  Air Force policy requires individuals selected to E-7 and senior master sergeant (E-8) serve in these grades for two years before they may retire.  Promotions are based on vacancies and as such, individuals selected for these two grades must fulfill the two-year commitment.  Until a member satisfies this responsibility, he/she may not assume the higher grade.  The complete advisory is at Exhibit C.

AFPC/DPSTM recommends denying the application.  The applicant contends her medical problems as a whole restricted her desire to continue on active duty service.  This prevented her from committing to a one-year ADSC.  For these reasons, she argues she had to decline the Jun 16 supplemental promotion to E-7.  Based on the provisions in AFI 36-3203, Service Retirements, para. 7.2.6 which states, “If enlisted members of the Regular force retire for other than disability, they retire in the Regular grade held on the date of retirement unless entitled to a higher grade under some other provision of law.”  The applicant is not entitled to retire in the grade of E-7, but in the grade of technical sergeant (E-6); held on the date of her retirement.  The complete advisory is at Exhibit D.

AFBCMR Medical Advisor recommends denial of the applicant’s petition to supplant her “voluntary” retirement with a medical retirement.  The Medical Advisor only addresses the applicant’s medical issues, for which she alleges warrant a medical retirement and which, clouded her judgement to elect voluntary retirement.  Her Enlisted Performance Reports (EPRs), a key measure of her ability to perform the duties of her office, grade, rank, and rating, reflected no decline in duty performance or accomplishments related to a medical condition (recalcitrant foot and ankle pain) for the decade preceding her date of retirement.  Additionally, although evaluated and treated for Fibromyalgia; given the applicant’s voluntary election to retire, her favorable response to the Fibromyalgia Treatment Program, and the relative silence of AF Forms 469, Duty Limiting Condition Reports coded “37” in the case file, led the Medical Advisor to conclude that the applicant’s providers did not consider her medical condition(s) a more appropriate cause for career termination.  

Regarding the applicant’s implicit contention that her decision to retire and to decline an approved promotion emanated from her chronic somatic and mental health conditions, the Medical Advisor defers to a supplemental opinion by the Mental Health Advisor, regarding whether a mental ailment warrants granting the applicant the rank she initially declined and the medical retirement she seeks.  The complete advisory is at Exhibit E.

AFBCMR Psychological Advisor recommends denying the application.  Although the applicant’s physical and mental health conditions were factors under consideration when she made the decision to retire, there was insufficient evidence to support her contentions of this application.  The applicant’s mental health treatment history while in service was intermittent for several years as she was noted to not attend treatment for a long enough period of time in order to benefit from treatment, had poor treatment compliance, and stopped attending treatment by her own volition.
According to the applicant’s treatment notes, she carried a PTSD diagnosis for several years with reports of fluctuating exacerbations and improvements through the years.  Towards the end of her military career, she was more consistent and compliant with treatment, and her PTSD symptoms were noted to be improved as evidenced by an additional specifier of “in remission” to her PTSD diagnosis.  Her treatment notes consistently reported that she was fit for duty, had no duty and deployment limitations, and no referral to MEB was warranted signifying that her PTSD symptoms were not interfering or impacting her ability to perform her military duties.  The complete advisory is at Exhibit F.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 14 Aug 18 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendations of AFPC/DP2SPP, DPSTM-SEP, AFBCMR Medical Advisor, and AFBCMR Psychological Advisor, and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Although the applicant’s physical and mental health conditions were factors under consideration when she made the decision to retire, there was insufficient evidence to support her contention that her medical conditions would prevent her from performing her duties, thus forcing her  to decline promotion to master sergeant.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00455 in Executive Session on 9 Oct 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SPP Enlisted Promotions, 27 Nov 17.
Exhibit D:	Advisory opinion, AFPC/DPSTM, 19 Dec 17
Exhibit E:	Advisory opinion, AFBCMR Medical Advisor, 27 Dec 17.
Exhibit F:	Advisory opinion, AFBCMR Psychological Advisor, 17 Jul 18.  
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.