RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01283

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She be medically retired in the grade of major (0-4) and awarded all pay and allowances associated with that rank.

APPLICANT’S CONTENTIONS

She was selected for promotion to the grade of major while on the Temporary Disability Retirement List (TDRL).  Were it not for her disability, she would have been promoted to the grade of major.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

DD Form 214, Certificate of Release or Discharge from Active Duty, effective 28 Mar 2018 shows the applicant is a medically retired Air Force captain (0-3).

According to Special Order Number ACD-00944, dated 21 Dec 17, the applicant was placed on the TDRL effective 29 Mar 18 in the grade of captain with a compensable percentage for physical disability of 100%.  She was credited with 11 years, 1 month, and 9 days of active service for retirement.

According to Special Order Number ACT 00260, dated 17 Dec 19, the applicant was removed from the TDRL and retired in the grade of captain effective 6 Jan 20 with a compensable percentage for physical disability of 100%.  The order reflects captain as her highest grade held on active duty.  She was credited with 11 years, 1 month, and 9 days of active service for retirement.

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY

10 U.S. Code § 1372 - Grade on retirement for physical disability: members of armed forces states in part that unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:

(1) The grade or rank in which he is serving on the date when his name is placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is retired.

(2) The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.

(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.

(4) The temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination.

AIR FORCE EVALUATION

AFPC/DP2SP recommends granting the application.  The applicant met and was selected for promotion to the grade of major Above-the-Promotion Zone (APZ) by the Calendar Year 2017D (CY17D) Line of the Air Force (LAF) P0417D Central Selection Board (CSB) with a line number of 57, which convened on 04 Dec 17.  The applicant was placed on TRDL 29 Mar 18 and was fully retired effective 06 Jan 20.  If she would have been on active duty she would have been promoted to the grade of major effective 01 Sep 18.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the Air Force evaluation to the applicant on 15 Jun 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SP and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s record as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show she was promoted to the grade of major effective 01 Sep 18.

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-2020-01283 in Executive Session on 27 Oct 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SP.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 Jun 20.

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