RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2022-00051

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO	

APPLICANT’S REQUEST

His official military record be corrected to reflect:

1.	Retroactive promotion to the rank/grade of chief master sergeant/E-9, effective 1 Jun 18.
2.	Credit for time-in-grade as a chief master sergeant/E-9 from 1 Jun 18, until his retirement on 13 Sep 21.

APPLICANT’S CONTENTIONS

He was qualified and prepared to be promoted to E-9 when the medical board found him not fit for duty and ended his career.  He already had the minimum time-in-grade and professional military education required to be promoted.  He had already graduated from the Chief’s Orientation Course at Robins Air Force Base, Georgia and the Chief Master Sergeant Leadership Course (Chief’s Academy) at Gunter Annex, Alabama.

He was ready to be promoted to E-9 on 1 Jun 18 when the medical board coded him.  At that time, he was unable to deploy, be promoted, or participate on drill weekends.  The board took three years to finalize his retirement.  His disqualifying condition was found “not service connected” and he was given an administrative retirement.

He was 100 percent qualified to be promoted to E-9 and was still a member of the Air Force Reserve for the three years that his case was pending, and was not retired until 13 Sep 21.  If he had not been unjustly medically coded, or the regulations would have allowed a promotion in his situation, he would have been promoted to, and retired as, an E-9.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve senior master sergeant (E-8) awaiting retired pay at age 60.

On 1 Jan 18, according to the Military Personnel Data System, the applicant was assigned as Noncommissioned Officer in Charge, Air Terminal Operations Center, Air Force Specialty Code 2T291.

On 5 May 20, according to 433d Aerospace Medicine Squadron memorandum, the applicant was entered into the Non-Duty Disability Evaluation System.

On 23 Sep 20, according to AFRC/SGP memorandum, the applicant was found medically disqualified for continued military service.

On 18 Nov 20, according to AF Form 469, Duty Limiting Condition Report, the applicant was placed on mobility restriction with a code 37 (medical defect/condition requires MEB or PEB processing IAW 41-210), with a release date of 17 Nov 21.

On 1 Dec 20, according to AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, the applicant was found unfit for continued military service due to physical disability.

On 3 Sep 21, according to SAF/MRBP memorandum, the Air Force Personnel Board concurred with the determination of the Physical Evaluation Board and found the applicant unfit for continued military service.

On 13 Sep 21, according to the Military Personnel Data System, the applicant was retired, awaiting retired pay at age 60.

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Instruction (AFI) 48-123, Medical Examinations and Standards, Paragraph 10.16. Medical Evaluations to Determine Fitness for Duty:

10.16.1. Reasons to accomplish medical evaluations in determination of medical and dental qualification for military duty:
10.16.1.1. Disqualifying or questionable medical conditions discovered during the annual assessment.
10.16.1.2. Notification or awareness of a change in the member’s medical status.
10.16.1.3. ARC member believes he or she is medically disqualified for military duty.
10.16.2. Reservists and ANG members with medical or dental conditions which are questionable or disqualifying for military duty must have an evaluation accomplished and forwarded to the appropriate ARC/SG for review and appropriate action.  Members will be given a minimum of 60 days from the date of notification to provide civilian medical or dental information to the medical squadron prior to case submission to the ARC/SG.  The local military provider may give the member more time as considered necessary to provide the requested information. However, under no circumstances will the time exceed 1 year.

AFI 36-2254 Volume 1, Reserve Personnel Participation, paragraph 1.6.1. All members must meet the medical standards in AFI 48-123, Volume I, and applicable Reserve medical guidance to be considered medically qualified to participate in any pay or point gaining activity.

AFI 36-2502, Enlisted Airman Promotion/Demotion Programs.  Table 8.1 USAFR Promotion Authorities, Rule 1 for AFR unit members, for affected individuals (SMSgt and CMSgt) the authority is the Wing or detached group commander.

Table 8.2., Promotion Eligibility, Rule 8, if promotion is to the grade of CMSgt, the member must hold a 9-skill level in the Primary Air Force Specialty Code, time in grade of 24 months, 10 years of enlisted service, 14 satisfactory years for retirement and the mandatory education is complete.

Table 8.5 Unit Vacancy Promotion, a vacancy exists within an AFSC for unit/IR (Individual Reservist) (excluding prefix and suffix) if the number assigned in the next higher grade in that AFSC is less than the number authorized and the member is moved into the position and is the incumbent.

8.7. Processing Vacancy and STEP I Promotions.
8.7.1.1. Identify promotion eligible Airmen by using a monthly promotion eligibility product or tool. Use Table 8.2 to determine eligibility.
8.7.1.2. The unit commander lines through the name(s) of Airmen not recommended for promotion, annotates the reason for non-recommendation on the roster, and notifies the Airmen in writing. Annotate a date for reconsideration of promotion, not to exceed 180 days.
8.7.1.3. The unit commander will forward the roster and the AF Form 224 to the MPF as established by unit procedures. 

AIR FORCE EVALUATION

AFRC/A1KK recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  In accordance with AFI 48-123, on 16 Jul 18, the applicant was placed on an AF 469, Duty Limiting Condition Report, and was found to have disqualifying conditions requiring medical board reviews.  He was placed in an ongoing no pay/no points status, in accordance with AFI 36-2254, Volume 1, paragraph 1.6.1, from Jul 18, until he was found unfit for duty and retired in Sep 21.  Although he met eligibility requirements for promotion to E-9 in Jun 18, before he was placed in a no pay/no points status, the applicant was not recommended for promotion by the approval authority.  He was not assigned to a vacant E-9 position, but was sitting in an E-8 billet, until 7 Feb 20, when he was assigned to a master sergeant/E-7 billet until his retirement; therefore, the applicant was not fully qualified for promotion to the next grade, as required by AFI 36-2502.

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 12 Apr 22 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFRC/A1KK and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Although the applicant met the service and education requirements for promotion to E-9, he was never assigned to an E-9 billet; consequently, he was not fully qualified for promotion regardless of his medical status.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2022-00051 in Executive Session on 30 Jun 22:

 , Panel Chair 
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 28 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFRC/A1KK, w/atchs, dated 12 Apr 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Apr 22.

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.