RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04031
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  He be awarded the Meritorious Service Medal (MSM) or the Air Force Commendation Medal (AFCM).

2.  He receive credit for the Combat Related Special Compensation (CRSC) Program. 

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APPLICANT CONTENDS THAT:

He served a total of 21 years, 1 month and 15 days; however, for three of those years he did not receive pay or points and was not allowed to continue through retirement.  He is under the impression that it is customary to award the MSM or AFCM to members upon retirement for recognition of their service and dedication to the United States.  He has served faithfully and would still be serving had he not been medically retired due to service-connected conditions.  He had an honorable career and believes a medal would have been awarded upon retirement had he not been medically disqualified.

In support of his request, applicant provided a copy of special order number ACD-00169, documentation associated with his physical evaluation board (PEB) and copies of his DD Forms 214, Certificate a Release or Discharge from Active Duty.  

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 4 October 2007, a Formal Physical Evaluation Board (FPEB) found the applicant unfit for further military service based on a diagnosis of chronic lower back pain, chronic left ankle pain and post-traumatic stress disorder (PTSD) and recommended a combined compensable rating of 30%.  On 4 October 2007 the applicant agreed with the findings of the FPEB.

On 15 November 2007 he was permanently disability retired in the grade of master sergeant.
He served a total of 21 years, 1 month and 15 days of Federal service.

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AIR FORCE EVALUATION:

AFRC/A1B recommends denial of his request for award of the MSM or AFCM.  A1B states Air Force instructions states “no individual is automatically entitled to an award upon the completion of an operational temporary duty assignment or departure for an assignment.  Do not establish preconditions for an award.  Do not use military decorations for incentives or as prizes in contest.”  Additionally, recommendations should be submitted as soon as possible following the act, achievement, or service.  There are no records indicating a nomination package to award a decoration was placed into official channels during that period.  Therefore A1B cannot support his request to award a decoration as a result of retirement.

The complete A1B evaluation, with attachment, is at Exhibit B.

AFPC/DPSD recommends denial of his request for CRSC compensation.  DPSD states in order to be considered for CRSC, eligible members must submit a claim.  To submit a claim, members must complete the entire claim form, signing in section VI, and submit the claim form and supporting documentation to the U.S. Air Force Disability Division.  The applicant has not submitted a claim as outlined under the provisions of 10 U.S.C., Chapter 71, Section 14138.

The complete DPPD evaluation, with attachment, is at Exhibit C.

AFPC/DPSIDR recommends denial of his request for award of the MSM or AFCM.  DPSIDR states in accordance with AFI 36-2003, Air Force Awards and Decorations Program, "no individual is automatically entitled to an award upon completion of an operational TDY or departure for an assignment."  The Air Reserve approval authority at HQ ARPC/A1B states that no records indicating a nomination package to award a decoration was placed into official channels during the period.  Based on A1B's decision, DPSIDR recommends disapproval for award of a retirement decoration.

The complete DPSIDR evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 28 March 2008 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit E).

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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.  In this respect, we feel compelled to note that individuals are not automatically entitled to any specific award upon retirement from service.  Having found no evidence that the applicant was recommended for or received an approved award, we are inclined to agree with the Air Force offices of primary responsibility that he has not been the victim of an error or injustice with regards to this portion of his request.  It appears the applicant is requesting he be awarded compensation for his service-connected conditions under the CRSC program.  However, the statute governing the CRSC program states that individuals must submit an application for CRSC compensation to the appropriate agency.  Until he complies with the requirements of the governing statute, action on this portion of his request is not possible.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-04031 in Executive Session on 12 May 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-04031 was considered:

 Exhibit A.  DD Form 149, dated 6 November 2007, w/atchs.
 Exhibit B.  Letter, AFRC/A1B, dated 6 February 2008, w/atch.
 Exhibit C.  Letter, AFPC/DPPD, dated 13 March 2008, w/atchs.
 Exhibit D.  Letter, AFPC/DPSIDR, dated 29 February 2008.
 Exhibit E.  Letter, SAF/MRBR, dated 28 March 2008.