RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01934 COUNSEL: NONE HEARING DESIRED: YES _______________________________________________________________ APPLICANT REQUESTS THAT: 1. He be credited with five points toward promotion under the Weighted Airman Promotion System (WAPS) associated with his Meritorious Service Medal (MSM) covering the period 2 Sep 96 through 1 Nov 01, which was revoked. 2. His Date of Rank (DOR) to the rank of Master Sergeant (MSgt/E-7) be changed to 1 Aug 02, instead of 1 Aug 03. ________________________________________________________________ APPLICANT CONTENDS THAT: He should have been credited with five points toward promotion to master sergeant (E-7) for his retirement decoration even though his retirement was suspended under STOP-LOSS and the retirement decoration was revoked. He had a projected retirement date of 12 Nov 01 and was recommended for an MSM for retirement; however, his retirement was suspended due to STOP- LOSS and he was allowed to test for promotion. He was initially selected for promotion, but the five points associated with his retirement decoration were later revoked when he cancelled his retirement to accept the promotion, costing him said promotion. The Wing Commander’s denial of his request to convert the retirement decoration to an extended tour decoration was based on the Wing Commander’s inexperience as evidenced by his later admission that he regretted the decision. In support of his request, the applicant provides an expanded statement, copies of documents related to his MSM, his 2002 letter to the Secretary of the Air Force, his Unit Promotion Selection List, and an AF Form 910, Enlisted Performance Report (AB thru TSgt). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered active duty on 7 Jan 1982. On 26 Oct 01, the applicant received an MSM covering the period 2 Sep 96 through 1 Nov 01 in conjunction with his scheduled retirement. The MSM was later revoked when he cancelled his retirement, which was the basis for the award. On 1 Aug 03, the applicant was promoted to the rank of MSgt under Special Order P-037, dated 25 Jul 03. On 16 Dec 03, the applicant received an MSM for extended tour for the period 11 Oct 97 through 21 Oct 03, a period that overlaps with the now revoked retirement MSM. On 21 Oct 05, the applicant received an MSM first Oak Leaf Cluster (OLC) for extended tour for the period 7 Aug 04 through 18 Nov 05. On 10 Oct 06, the applicant received an MSM (2OLC) for retirement for the period 18 Nov 05 through 30 Nov 06. On 30 Nov 06, the applicant retired in the grade of master sergeant and was credited with 24 years, 10 months, and 30 days of active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request to reinstate the MSM for retirement indicating there is no evidence of an error or injustice. The revocation of the MSM, closing 1 Nov 01 is consistent with the governing policy and directives. The applicant was subsequently awarded an MSM for meritorious service, covering the same period, but ending in 2003. Reinstatement of the MSM closing 1 Nov 01 would cause a dual recognition, which is prohibited in accordance with Department of Defense Manual 1348.88, Manual of Military Decorations and Awards: DoD Service Awards—Campaign, Expeditionary, and Service Medals, Volume 2, Paragraph 4.b., which states, “Only one decoration is awarded for the same act, achievement, or period of service for any individual unit.” DPSIDR can make no recommendation regarding the requested waiver for promotion points for a revoked decoration. A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. AFPC/DPSOE recommends denial indicating there is no evidence of an error or injustice. The applicant is requesting his MSM for the period 2 Sep 96 through 1 Nov 01 be used in the promotion process for cycle 06E8. Based upon the applicant’s Date of Rank (DOR) to MSgt, the first time he was eligible for promotion consideration to SMSgt was Cycle 96E8. He received 18 points for decorations. His total score was 501.13, and the score required for selection in his Air Force Specialty Code (AFSC) was 627.50. Recommend denial as the decoration was revoked. A complete copy of the AFPC/DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 7 Aug 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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 opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note that when the applicant elected not to retire, his retirement MSM and the associated Weighted Airman Promotion System (WAPS) points were appropriately removed from his records. In addition, the applicant ultimately received an MSM which covered the same period of time as the revoked MSM, which incorporated some of the same accomplishments. Thus, granting his request would constitute dual recognition for the same period which is prohibited under Department of Defense policy. Therefore, in absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2012-01934 in Executive Session on 10 Oct 12, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 29 May 12. Exhibit D. Letter, AFPC/DPSOE, dated 11 Jul 12. Exhibit E. Letter, SAF/MRBR, dated 7 Aug 12. Panel Chair 4