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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