RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00159

	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be considered for supplemental promotion to technical sergeant (E-6) for cycles 16E6, 17E6, 18E6, 19E6 and 20E6.

APPLICANT’S CONTENTIONS

Per AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, he should have been awarded Air Force Primary Specialty Code (PAFSC) 9W200 after he received a very serious combat injury that required a lengthy period of rehabilitation.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a permanently medically retired Air Force staff sergeant (E-5).

According to a memorandum from a military Psychologist, dated 13 Jan 19 and provided by the applicant, the Psychologist requested a Weighted Airman Promotion System exemption due to the applicant’s serious combat-related injury and illness, defined as severely disabling requiring a lengthy period of recovery or rehabilitation.

According to a memorandum from a military Psychologist, dated 11 Dec 19 and provided by the applicant, the Psychologist indicated, “I am certifying the member has a serious combat-related injury and illness defined as severely disabling requiring a lengthy period of recovery or rehabilitation.  This member has been diagnosed with chronic Posttraumatic Stress Disorder (PTSD) since Nov 16; the member continues to have mental health and cognitive limitations, as well as, physical injuries/limitations that directly relate to his ability to apply himself and retain information (long term/short term).”

On 28 Mar 20, a Case Management System (CMS) case was established based on the applicant’s request for a retroactive look into his Promotion Fitness Examination examinations beginning with the 2016 promotion cycle to technical sergeant.

On 9 Jun 20, according to Special Order ACD-001405, dated 18 Mar 20, the applicant was relieved from active duty and permanently disability retired in the grade of E-5, effective 10 Jun 20 with a compensable percentage for physical disability of 80 percent,  He was credited with 13 years, 4 months and 10 days of active service.

On 16 Sep 20, the applicant’s CMS case was closed with comments, “Member has been medically retired.  Had the 9W200 PAFSC been awarded properly the member would be a non-selectee as the 00XXX cutoff for exemption members was higher and the member scored relatively the same each year.”

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

AIR FORCE EVALUATION

AFPC/DP2SPP recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice for lack of promotion progression.  Analyzing the evidence presented, the applicant and unit commander attempted to submit a supplemental consideration request as an exception-to-policy for the cycles through the CMS.  The noncommissioned officer cycle manager stated, “Member has been medically retired.”  Had the 9W200 PAFSC been awarded to the applicant, he would have been considered for promotion within the Wounded Warrior specialty, which may have resulted in a different promotion outcome.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 25 May 21 for comment (Exhibit D), and the applicant replied on 25 May 21.  In his response, the applicant indicates he has proof of his PTSD as well as multiple Traumatic Brain Injuries (TBI) that happened while he was deployed.  He requests the TBIs be included in the decision process.  With his response, the applicant provided numerous copies of his medical records.

The applicant’s complete response is at Exhibit E.

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/DP2SSP and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a. He be provided supplemental consideration for promotion to the grade of technical sergeant (E-6) for all appropriate cycles, beginning with cycle 16E6.

b. If selected for promotion to technical sergeant by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection.
c. If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application, that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual's qualifications for the promotion.
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-2021-00159 in Executive Session on 24 Jun 21:

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 24 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, dated 4 May 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 25 May 21.
Exhibit E:	Applicant’s response, dated 25 May 21.

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.

							________________________
							Board Operations Manager, AFBCMR