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AF | BCMR | CY2008 | BC-2007-04031
Original file (BC-2007-04031.doc) Auto-classification: Denied

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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