RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:    BC-2012-01934

	 	COUNSEL:  NONE

		HEARING DESIRED:  YES 

_______________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be credited with five points toward promotion under the  
Weighted Airman Promotion System (WAPS) associated with his 
Meritorious Service Medal (MSM) covering the period 2 Sep 96 
through 1 Nov 01, which was revoked. 

2.  His Date of Rank (DOR) to the rank of Master Sergeant 
(MSgt/E-7) be changed to 1 Aug 02, instead of 1 Aug 03.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been credited with five points toward promotion 
to master sergeant (E-7) for his retirement decoration even 
though his retirement was suspended under STOP-LOSS and the 
retirement decoration was revoked.  He had a projected 
retirement date of 12 Nov 01 and was recommended for an MSM for 
retirement; however, his retirement was suspended due to STOP-
LOSS and he was allowed to test for promotion.  He was initially 
selected for promotion, but the five points associated with his 
retirement decoration were later revoked when he cancelled his 
retirement to accept the promotion, costing him said promotion.  
The Wing Commander’s denial of his request to convert the 
retirement decoration to an extended tour decoration was based 
on the Wing Commander’s inexperience as evidenced by his later 
admission that he regretted the decision.

In support of his request, the applicant provides an expanded 
statement, copies of documents related to his MSM, his 2002 
letter to the Secretary of the Air Force, his Unit Promotion 
Selection List, and an AF Form 910, Enlisted Performance Report 
(AB thru TSgt).  

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

________________________________________________________________



STATEMENT OF FACTS:

The applicant initially entered active duty on 7 Jan 1982.  

On 26 Oct 01, the applicant received an MSM covering the period 
2 Sep 96 through 1 Nov 01 in conjunction with his scheduled 
retirement.  The MSM was later revoked when he cancelled his 
retirement, which was the basis for the award.

On 1 Aug 03, the applicant was promoted to the rank of MSgt 
under Special Order P-037, dated 25 Jul 03.  

On 16 Dec 03, the applicant received an MSM for extended tour 
for the period 11 Oct 97 through 21 Oct 03, a period that 
overlaps with the now revoked retirement MSM.  

On 21 Oct 05, the applicant received an MSM first Oak Leaf 
Cluster (OLC) for extended tour for the period 7 Aug 04 through 
18 Nov 05. 

On 10 Oct 06, the applicant received an MSM (2OLC) for 
retirement for the period 18 Nov 05 through 30 Nov 06.

On 30 Nov 06, the applicant retired in the grade of master 
sergeant and was credited with 24 years, 10 months, and 30 days 
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, which are attached at Exhibits C and D.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request to 
reinstate the MSM for retirement indicating there is no evidence 
of an error or injustice.  The revocation of the MSM, closing 
1 Nov 01 is consistent with the governing policy and directives.  
The applicant was subsequently awarded an MSM for meritorious 
service, covering the same period, but ending in 2003.  
Reinstatement of the MSM closing 1 Nov 01 would cause a dual 
recognition, which is prohibited in accordance with Department 
of Defense Manual 1348.88, Manual of Military Decorations and 
Awards: DoD Service Awards—Campaign, Expeditionary, and Service 
Medals, Volume 2, Paragraph 4.b., which states, “Only one 
decoration is awarded for the same act, achievement, or period 
of service for any individual unit.”  DPSIDR can make no 
recommendation regarding the requested waiver for promotion 
points for a revoked decoration.  

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

AFPC/DPSOE recommends denial indicating there is no evidence of 
an error or injustice.  The applicant is requesting his MSM for 
the period 2 Sep 96 through 1 Nov 01 be used in the promotion 
process for cycle 06E8.  Based upon the applicant’s Date of Rank 
(DOR) to MSgt, the first time he was eligible for promotion 
consideration to SMSgt was Cycle 96E8.  He received 18 points 
for decorations.  His total score was 501.13, and the score 
required for selection in his Air Force Specialty Code (AFSC) 
was 627.50.  Recommend denial as the decoration was revoked.  

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 7 Aug 12 for review and comment 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
or injustice.  We note that when the applicant elected not to 
retire, his retirement MSM and the associated Weighted Airman 
Promotion System (WAPS) points were appropriately removed from 
his records.  In addition, the applicant ultimately received an 
MSM which covered the same period of time as the revoked MSM, 
which incorporated some of the same accomplishments.  Thus, 
granting his request would constitute dual recognition for the 
same period which is prohibited under Department of Defense 
policy.  Therefore, in 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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2012-01934 in Executive Session on 10 Oct 12, under 
the provisions of AFI 36-2603:

	  Panel Chair
	  Member
	  Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 May 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIDR, dated 29 May 12.
	Exhibit D.  Letter, AFPC/DPSOE, dated 11 Jul 12.
	Exhibit E.  Letter, SAF/MRBR, dated 7 Aug 12.





                                    
                                   Panel Chair
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