RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-04031
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Meritorious Service Medal (MSM) or the Air Force
Commendation Medal (AFCM).
2. He receive credit for the Combat Related Special Compensation (CRSC)
Program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served a total of 21 years, 1 month and 15 days; however, for three of
those years he did not receive pay or points and was not allowed to
continue through retirement. He is under the impression that it is
customary to award the MSM or AFCM to members upon retirement for
recognition of their service and dedication to the United States. He has
served faithfully and would still be serving had he not been medically
retired due to service-connected conditions. He had an honorable career
and believes a medal would have been awarded upon retirement had he not
been medically disqualified.
In support of his request, applicant provided a copy of special order
number ACD-00169, documentation associated with his physical evaluation
board (PEB) and copies of his DD Forms 214, Certificate a Release or
Discharge from Active Duty.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 October 2007, a Formal Physical Evaluation Board (FPEB) found the
applicant unfit for further military service based on a diagnosis of
chronic lower back pain, chronic left ankle pain and post-traumatic stress
disorder (PTSD) and recommended a combined compensable rating of 30%. On 4
October 2007 the applicant agreed with the findings of the FPEB.
On 15 November 2007 he was permanently disability retired in the grade of
master sergeant.
He served a total of 21 years, 1 month and 15 days of Federal service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1B recommends denial of his request for award of the MSM or AFCM.
A1B states Air Force instructions states “no individual is automatically
entitled to an award upon the completion of an operational temporary duty
assignment or departure for an assignment. Do not establish preconditions
for an award. Do not use military decorations for incentives or as prizes
in contest.” Additionally, recommendations should be submitted as soon as
possible following the act, achievement, or service. There are no records
indicating a nomination package to award a decoration was placed into
official channels during that period. Therefore A1B cannot support his
request to award a decoration as a result of retirement.
The complete A1B evaluation, with attachment, is at Exhibit B.
AFPC/DPSD recommends denial of his request for CRSC compensation. DPSD
states in order to be considered for CRSC, eligible members must submit a
claim. To submit a claim, members must complete the entire claim form,
signing in section VI, and submit the claim form and supporting
documentation to the U.S. Air Force Disability Division. The applicant has
not submitted a claim as outlined under the provisions of 10 U.S.C.,
Chapter 71, Section 14138.
The complete DPPD evaluation, with attachment, is at Exhibit C.
AFPC/DPSIDR recommends denial of his request for award of the MSM or AFCM.
DPSIDR states in accordance with AFI 36-2003, Air Force Awards and
Decorations Program, "no individual is automatically entitled to an award
upon completion of an operational TDY or departure for an assignment." The
Air Reserve approval authority at HQ ARPC/A1B states that no records
indicating a nomination package to award a decoration was placed into
official channels during the period. Based on A1B's decision, DPSIDR
recommends disapproval for award of a retirement decoration.
The complete DPSIDR evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 28
March 2008 for review and comment within 30 days. As of this date, this
office has received no response (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. In this respect, we feel compelled to
note that individuals are not automatically entitled to any specific award
upon retirement from service. Having found no evidence that the applicant
was recommended for or received an approved award, we are inclined to agree
with the Air Force offices of primary responsibility that he has not been
the victim of an error or injustice with regards to this portion of his
request. It appears the applicant is requesting he be awarded compensation
for his service-connected conditions under the CRSC program. However, the
statute governing the CRSC program states that individuals must submit an
application for CRSC compensation to the appropriate agency. Until he
complies with the requirements of the governing statute, action on this
portion of his request is not possible. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of error or injustice; that the application was denied
without a personal appearance; and that 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-2007-
04031 in Executive Session on 12 May 2008, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. James W. Russell III, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2007-04031 was considered:
Exhibit A. DD Form 149, dated 6 November 2007, w/atchs.
Exhibit B. Letter, AFRC/A1B, dated 6 February 2008, w/atch.
Exhibit C. Letter, AFPC/DPPD, dated 13 March 2008, w/atchs.
Exhibit D. Letter, AFPC/DPSIDR, dated 29 February 2008.
Exhibit E. Letter, SAF/MRBR, dated 28 March 2008.
THOMAS S. MARKIEWICZ
Chair
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