RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04842
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
1. He be awarded the Iraqi Campaign Medal (ICM) and Small Arms Expert Marksmanship Ribbon (SAEMR) (Administratively corrected).
2. The following changes be made to his DD Form 214, Certificate of Release or Discharge from Active Duty:
a. Block 18 be updated to reflect his participation in Operation HORN OF AFRICA (HOA) and Operation ENDURING FREEDOM (OEF) (Administratively corrected).
b. Blocks 4a and 4b be changed to read SSgt and E-5, respectively.
APPLICANT CONTENDS THAT:
His DD Form 214 is incorrect. He was medically retired and not given the opportunity to review his DD Form 214 for accuracy or to sign it before his release from active duty. However, each of the items he has listed is missing from the DD Form 214. He was awarded the ICM and SAEMR; served in HOA and OEF; and, retired in the grade of Staff Sergeant (SSgt/E-5).
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 22 May 07.
On 28 Feb 11, the applicant retired due to disability after serving three years, nine months, and nine days of total active service.
On 24 May 14, AFPC/DPSIDR directed that the applicants DD Form 214 be corrected to reflect award of the following decorations:
a. Iraq Campaign Medal with Two Bronze Service Stars (ICM w/2BSS).
B. Small Arms Expert Marksmanship Ribbon (SAEMR).
c. Air Force Expeditionary Service Ribbon with Gold Border (AFESR w/GB).
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at ExhibitS C, D and E.
AIR FORCE EVALUATION:
AFPC/DPSID states no further action is required concerning the applicants request for decorations as the applicants record has been administratively corrected to reflect award of the ICM w/2BSS, the SAEMR, and the AFESR w/GB.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPSOE recommends denial of the applicants request to change Blocks 4a and 4b on his DD Form 214 to reflect SSgt and E-5, respectively, indicating there is no evidence of an error or an injustice. The applicant was considered and tentatively selected for promotion to the grade of SSgt during cycle 10E5. However, on 1 Dec 10, the applicant was placed on the Control Roster (CR), which rendered him ineligible for promotion in accordance with AFI 36-2502, Table 1.1, Rule 5. The applicants projected promotion should have been removed from the system at that time; however, it was not. This error was not discovered until he was issued his initial retirement orders with the incorrect grade of SSgt. The error was then corrected, the Military Personnel Data System (MilPDS) was updated, and a new retirement order and DD Form 214 were issued with the correct rank of SrA. He did not serve in the grade of SSgt before his retirement.
A complete copy of the AFPC/DPSOE evaluation, with attachments, is at Exhibit D.
AFPC/DPSOR states that no further action is required concerning the applicants request to update his DD Form 214 to reflect his participation in HOA and OEF. A review of the applicants supporting documentation confirms his participation in HOA and OEF, and his DD Form 214 does not reflect that participation. Block 18 of his DD Form 214 is being administratively corrected to include HOA and OEF.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 2 Jul 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F).
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 with respect to the applicants request to correct his records to reflect that he was retired in the grade of staff sergeant (E-5). We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSOE and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note the Air Force offices of primary responsibility have determined the applicants records should be administratively corrected to reflect that he served in Operations HORN OF AFRICA and ENDURING FREEDOM, and that he is entitled to the Iraqi Campaign Medal (ICM), Small Arms Expert Marksmanship Ribbon (SAEMR), and Air Force Expeditionary Service Ribbon with Gold Border (AFESR w/GB). Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.
4. The applicants 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-2013-04842 in Executive Session on 11 Sep 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 24 Mar 14,
Exhibit D. Letter, AFPC/DPSOE, dated 3 Jan 14, w/atchs.
Exhibit E. Letter, AFPC/DPSOR, dated 13 Jun 14.
Exhibit F. Letter, SAF/MRBR, dated 2 Jul 14.
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