RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03892
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation From Active Duty, be corrected to
reflect his award of the Airman’s Medal (AM), Air Force Commendation Medal
(AFCM), Small Arms Expert Marksmanship Ribbon (SAEMR), Air Force
Outstanding Unit Award (AFOUA), Air Force Organizational Excellence Award
(AFOEA), and the Air Force Good Conduct Medal (AFGCM). In addition, item
16b of his DD Form 214 be corrected to reflect his related civilian
occupation was Licensed Practical Nurse (LPN) instead of Nurse Aide.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was ill and taking psychiatric medications at the time of his
separation; therefore, he was unaware of the errors made on his DD Form
214.
In support of his application, the applicant provides a copy of his DD Form
214, his Airman Performance Report for the period 9 April through 7 July
1975 and an AFPC/DPPPRA letter, dated 26 September 2003, confirming his
entitlement and correction to his records for the National Defense Service
Medal (NDSM). The applicant’s complete submission with attachments is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 June 1974, the applicant enlisted in the Regular Air Force at the age
of 18 for a period of four years in the rank of airman basic (E-1). He was
trained as a medical services technician and was progressively promoted to
the grade of senior airman (E-4) effective and with a date of rank of 1
February 1977. The applicant received two airman performance reports
closing 7 July 1975 and 7 July 1976, both with overall ratings of nine.
In January 1976, the applicant was diagnosed with acute paranoid
schizophrenia. He was hospitalized and treated with medications, which
resulted in a fairly quick remission of the condition. In April 1976, he
was hospitalized and treated for a reoccurrence due to poor adherence of
taking his medications. On 31 December 1976, the applicant presented
himself to the mental health clinic for reevaluation of his condition and
was found unqualified for worldwide duty and approved for presentation to a
medical evaluation board (MEB). On 4 February 1977, the MEB found the
applicant competent and recommended an evaluation by a physical evaluation
board (PEB). On 16 February 1977, the PEB found the applicant unfit for
continued military service due to his diagnosis of Paranoid Schizophrenia
and recommended a temporary retirement with a 30% compensable rating. On
23 February 1976, the applicant agreed with the findings and recommendation
of the PEB. On 3 March 1977, the PEB’s recommendation to place the
applicant on the Temporary Disability Retired List (TDRL) effective 24
March 1977 was approved by the Secretary of the Air Force. On 23 March
1977, the applicant was honorably released from active duty and placed on
the TDRL the next day. He had served a total of 2 years, 9 months and 20
days on active duty.
On 5 February 1981, a periodic PEB found the applicant’s disability
permanent and recommended him for a permanent retirement with a 50%
compensable rating. On 3 March 1981, after reviewing the PEB’s
recommendation, the applicant disagreed with their findings, waived a
formal hearing, and submitted a written rebuttal. On 16 March 1981, the
Physical Review Council concurred with the PEB’s recommendation. On 23
March 1981, the Secretary of the Air Force approved the PEB’s
recommendation to place the applicant on the Permanent Disability Retired
List (PDRL). On 19 April 1981, the applicant was permanently retired with
a 50% disability rating.
The applicant’s DD Form 214 does not reflect any decorations, medals,
badges, commendations, citations or campaign ribbons were awarded or
authorized. On 6 October 2003, a DD Form 215, Correction to DD Form 214,
was issued to correct the applicant’s records to reflect his award of the
NDSM.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends disapproval of the applicant’s requests for the
Airman’s Medal, Air Force Commendation Medal, Small Arms Expert
Marksmanship Ribbon, and the Air Force Good Conduct Medal. DPPPR states
that on 1 March 2004, they wrote the applicant that they could only verify
his entitlement to the Air Force Outstanding Unit Award and asked him to
withdraw all of his other requests. On 5 March 2004, the applicant
withdrew his request for the Air Force Organizational Excellence Award;
however, he would not withdraw his requests for award of the Airman’s Medal
or the Air Force Good Conduct Medal. The applicant did not address
withdrawal of the Air Force Commendation Medal or the Small Arms Expert
Marksmanship Ribbon and did not provide any documentation to substantiate
any of his claims.
DPPPR states the applicant was not assigned to any unit that earned the
AFOEA; therefore he is not entitled to this award. The applicant’s records
do not indicate that he qualified as an expert with the M-16 or his unit’s
handgun, and he did not provide any document showing his entitlement to
this award; therefore he is not eligible for award of the SAEMR. There is
no indication in his record that he was recommended for the AFCM, and the
applicant did not provide a copy of a recommendation package; therefore,
they are unable to verify his eligibility for this decoration. There is no
indication in his records that he performed any act qualifying him for
award of the AM, there is no indication he was recommended for this
decoration, and the applicant did not provide any details or documents
(date, eyewitness statement) to substantiate his claim; therefore, they are
unable to verify his eligibility for the AM. Since the applicant did not
serve three years on active duty, he is not eligible for award of the
AFGCM. The DPPPR evaluation is at Exhibit C.
AFPC/DPPAC recommends denial of the applicant’s request to changed block
16b on his DD Form 214 from Nurse Aide to LPN. DPPAC states that at the
time of the applicant’s retirement in 1977, the Dictionary of Occupational
Titles listed Nurse Aide, Ward Attendant, Medical Assistant, or Orderly as
related civilian occupations. The member’s related occupation was listed
on the DD Form 214 as a guide to help civilian hiring authorities associate
the kind of duties military service provided. The applicant’s records
substantiate he was awarded a primary Air Force Specialty Code of 90250,
Medical Services Technician, and the related civilian occupation was Nurse
Aide. The DPPAC evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He has no other proof of his entitlement to the decorations in question.
The records verifying his entitlement to these awards must have been lost.
He does not want anything he did not earn, as it was his honor to serve
his country. A copy of the applicant’s rebuttal is at Exhibit F.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting partial relief with respect to
the request for the AFOUA. We note the opinion of the Air Force office of
primary responsibility that they have verified the applicant’s entitlement
for the award of the AFOUA based on his unit of assignment. Therefore, we
recommend the applicant’s records be corrected to show he was awarded the
AFOUA in 1977.
4. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting the award of the Airman’s
Medal (AM), Air Force Commendation Medal (AFCM), Small Arms Expert
Marksmanship Ribbon (SAEMR), Air Force Organizational Excellence Award
(AFOEA), or the Air Force Good Conduct Medal (AFGCM). In addition, the
applicant’s request that his DD Form 214 be corrected to reflect his
related civilian occupation as a Licensed Practical Nurse (LPN) instead of
a Nurse Aide is without merit. We took notice of the applicant's complete
submission in judging the merits of this case; however, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this part of
the application.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show his DD Form 214, Report of Separation
From Active Duty, was amended in Section 26 to reflect he was awarded the
Air Force Outstanding Unit Award in 1977.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 11 May 2004, under the provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Ms. Olga M. Crerar, Member
Ms. Martha J. Evans, Member
All members voted to correct the records, as recommended. The following
documentary evidence for AFBCMR Docket Number BC-2003-03892 was considered:
Exhibit A. DD Form 149, dated 12 Nov 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 22 Mar 04.
Exhibit D. Letter, AFPC/DPPAC, dated 27 Feb 04.
Exhibit E. Letter, SAF/MRBR, dated 26 Mar 04.
Exhibit F. Letter, Applicant’s Review, dated 30 Mar 04.
JOHN L. ROBUCK
Panel Chair
AFBCMR BC-2003-03892
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXXXXXXXXXXXXXXX, be corrected to show his DD Form 214,
Report of Separation From Active Duty, was amended in Section 26 to
reflect he was awarded the Air Force Outstanding Unit Award in 1977.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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