RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02570
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Air Force Good Conduct Medal (AFGCM) for the period of 22 April 2006 through 21 April 2009.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was medically retired from the Air Force on 23 June 2009 due to a psychological condition that was directly affected by his service during Operation NOBLE EAGLE and OPERATIONS ENDURING FREEDOM AND IRAQI FREEDOM (OEF/OIF).
2. His commander knew the condition affected his performance and conduct.
3. He did not have any misconduct or performance issues; however, he suffered from a grave and serious mental condition contracted and diagnosed while on active duty.
In support of his request, the applicant provides copies of extracts from his medical records.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 22 April 2003 through 23 June 2009. He was progressively promoted to the grade of senior airman having assumed that grade effective and with a date of rank of 23 April 2006.
The applicant received a referral Enlisted Performance Report (EPR) for the period 30 August 2007 through 24 November 2008 due to a civilian conviction. He received a markdown in Section 3, block 2, for failing to meet minimum standards.
A memorandum dated 7 April 2009, signed by his commander, denied the applicant the AFGCM for the period of 22 April 2006 to 21 April 2009.
The applicant was referred to a Medical Evaluation Board (MEB) due to his erratic behavior, which caused him to lose his security clearance.
On 3 February 2009, a MEB diagnosed him with schizophrenia and referred him to an Informal Physical Evaluation Board (IPEB).
On 25 February 2009, an IPEB concluded the applicants medical condition prevented him from reasonably performing the duties of his office, rank, or rating. The IPEB recommended a compensable percentage for physical disability rating of 50 percent due to schizophrenia and placement of the temporary disability retired list (TDRL).
On 18 March 2009, the Secretary of the Air Force Personnel Council directed the applicant be placed on the TDRL.
On 23 June 2009, the applicant was relieved from active duty and placed on the TDRL effective 24 June 2009 with a compensable percentage for physical disability rating of 50 percent in the grade of senior airman.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the evidence of record reflects the applicants conduct while serving on active duty did not warrant an AFGCM.
The complete DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the advisory from DPSIDR was biased and did not contain all the pertinent facts. He does not disagree with the office of primary responsibility remarks that he had character and efficiency ratings below excellent or higher; however, his mental disorder of schizophrenia was in a very active state, which resulted in the character and efficiency rating. The PEB stated that his medical condition prevented him from reasonably performing the duties of his office, grade, rank or rating.
In addition, AFI 36-2803, The Air Force Awards and Decorations Program, does not state that a medical condition makes an individual illegible for the AFGCM. He respectfully request the Board give strong consideration to grant based on the comments and supporting documentation.
The applicants complete response, with attachments, is at 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 an error or injustice. While the applicant contends that he did not receive the AFGCM due to medical reasons, the fact remains that it was his actual conduct that rendered him ineligible for the AFGCM. As such, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2010-02570 in Executive Session on 19 October 2010, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02570 was considered:
Exhibit A. DD Form 149, dated 18 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 16 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 10 Sep 10.
Exhibit E. Letter, Applicant, dated 28 Sep 10.
Panel Chair
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