ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03866
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
He receive proficiency pay for receiving outstanding performance reports.
________________________________________________________________
STATEMENT OF FACTS:
On 14 December 2006 the applicant submitted an appeal to the Board
requesting:
1. He be awarded the Bronze Star Medal (BSM), first oak leaf cluster
(1OLC), the Air Force Commendation Medal (AFCM), (2OLC), and the AFCM
(3OLC).
2. Block 23a of his DD Form 214, Armed Forces of the United States Report
of Transfer or Discharge be changed to reflect Structural Superintendent.
3. He be administratively promoted to senior master sergeant (SMSgt) and
chief master sergeant (CMSgt).
4. His service-connected medical conditions of Impaired Hearing, Tinnitus
and Hypertension, be assessed as combat-related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
5. His Foreign Service time be changed from three years to eight years.
6. His Good Conduct Medal (GCM) show six oak leaf clusters (OLC) instead
of four.
AFPC verified his entitlement to the BSM w/1 OLC, AFCM w/2 OLC, and
corrected his records to reflect these awards. AFPC corrected block 23a to
reflect Structural Technician. In addition, his foreign service of 8
years, 6 months and 16 days had been accounted for on his DD Form 214.
On 2 November 2007, the Board considered and denied his remaining requests.
For an accounting of the facts surrounding his previous requests and the
rationale of the Board's earlier decision, see the Record of Proceedings at
Exhibit K.
On 13 December 2007, the applicant submitted a letter requesting the Board
address his request pertaining to proficiency pay. He states his military
records demonstrated that he should have been promoted to the rank of SMSgt
and CMSgt. He does not believe his military records were ever presented to
a promotion board for consideration. If his records were submitted, they
did not include the second BSM and the AFCM he received 30 years later. It
is inconceivable to understand why he was never promoted with such
outstanding performance reports, commander recommendations and outstanding
accomplishments. In his previous request, he raised the issue of
proficiency pay stating the Board did not address it. His complete
submission, with attachments, is at Exhibit L.
________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate that the
applicant has been the victim of an error or injustice warranting further
correction to his record. Although the applicant believes his record of
performance justifies his promotion, he has not provided evidence to
support his claim. Additionally, he did not present sufficient evidence to
show that the decorations that AFPC/DPPPR verified he had previously
received were not appropriately considered in the promotion process.
Although the Bronze Star Medal (First Oak Leaf Cluster) and Air Force
Commendation Medal (Second Oak Leaf Cluster) were not listed on his DD Form
214, that in no way supports his contention they were not a part of his
record during promotion consideration. We note that the DD Form 214 is
produced upon a member’s separation from active duty. An error on this
document does not support a conclusion that his record itself was
incorrect. Unfortunately, as pointed out by AFPC/DPPPWB, due to the length
of time he waited to file his application, promotion data pertaining to him
is no longer available. This also applies to his request for proficiency
pay. Therefore, based upon the presumption of regularity in the conduct of
governmental affairs and without evidence to the contrary, we must assume
that the issues the applicant raises were properly handled. Based on our
review of the available evidence, we do not find that the applicant has
been the victim of an injustice. Therefore, based on the available
evidence of record, we find no basis upon which to favorably reconsider
this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of 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 BC-2006-03866 in Executive
Session on 11 August 2008, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit K. Record of Proceedings, dated 27 November 2007,
w/Exhibits.
Exhibit L. Letter, Applicant dated 13 December 2007.
THOMAS S. MARKIEWICZ
Chair
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