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AF | BCMR | CY2009 | BC-2008-01397
Original file (BC-2008-01397.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01397
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that  he  was  discharged  in  the
grade of staff sergeant (SSgt), rather than senior airman  (SrA);  and
that he was entitled to the Purple Heart, Bronze Star Medal with Valor
(BSM w/V), Air  Force  Combat  Action  Medal  (AFCAM),  and  the  Army
Achievement Medal (AAM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was selected for promotion to the grade of SSgt three months  prior
to his separation.

He should have been awarded the requested decorations  for  wounds  he
received and the actions he performed during his deployment to Kirkuk,
Iraq, from Feb 04 to Sep 04.

In support of his appeal, the applicant provides an expanded statement
and documentation from his military personnel and medical records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military  personnel  records  indicate  that  he
enlisted in the Regular Air Force on 28 Sep 99.  He was released  from
active duty  on  27  Dec  05  under  the  provisions  of  AFI  36-3208
(Completion of Required Active Service).  He  was  credited  with  six
years and three months 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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial  of  the  applicant’s  request  that  his
records be corrected to reflect he was  discharged  in  the  grade  of
staff sergeant (SSgt), rather than senior airman (SrA).  They indicate
the applicant was selected for promotion to SSgt  during  cycle  05E5.
However, since he had not completed  Airman  Leadership  School  (ALS)
prior to assuming  the  grade,  his  promotion  was  withheld  pending
completion of Professional Military Education  (PME).   In  accordance
with the governing instruction, airmen selected for promotion  to  the
grades of SSgt, master sergeant  (MSgt),  and  chief  master  sergeant
(CMSgt) must complete in-residence PME before assuming  these  grades.
The PDS automatically withholds promotion for individuals who  do  not
complete appropriate PME prior to the effective date.

A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.

AFPC/DPSIDR recommends denial of  his  request  that  his  records  be
corrected to reflect that he was  entitled  to  award  of  the  Purple
Heart,  BSM w/V,  AFCAM,  and  the  AAM.   They  note  that   USCENTAF
disapproved the applicant’s request for the Purple  Heart  and  AFCAM,
and recommended he submit his request for the BSM w/V through his then
deployed  chain  of  command.   Without  official  documentation  that
verifies his entitlement to the requested decorations, they could  not
recommend favorable action on his request.

A complete copy of the AFPC/DPSIDR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 7 Nov
08 for review and response 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  submitted  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force offices
of primary responsibility (OPRs).  We find no evidence the applicant’s
promotion to the grade of SSgt was improperly withheld,  and  that  he
should have been discharged in that grade.  We also are not  persuaded
by the evidence presented that he was entitled to award of the  Purple
Heart, BSM w/V, AFCAM, and the AAM.  In view of the foregoing, and  in
the absence of sufficient evidence to the contrary, we agree with  the
recommendation of the OPRs and adopt their rationale as the basis  for
our decision the  applicant  has  failed  to  sustain  his  burden  of
establishing that he has suffered either an  error  or  an  injustice.
Accordingly, 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 material 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-
2008-01397 in Executive Session on 11 Feb 09, under the provisions  of
AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Debra M. Czajkowski, Member
      Mr. Anthony P. Reardon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Apr 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOE, dated 22 May 08.
    Exhibit D.  Letter, AFPC/DPSIDR, dated 29 Oct 08.
    Exhibit E.  Letter, SAF/MRBR, dated 7 Nov 08.




                                   MICHAEL J. NOVEL
                                   Panel Chair



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