RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02078 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Meritorious Service Medal (MSM) as a retirement decoration for his 20 years of honorable service. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. AFI 36-2803, The Air Force Awards and Decorations Program, paragraph 2.3.4, states “review records and consider the individual’s entire career to determine the appropriate level of decoration for retirement.” 2. His entire 20-year career was not considered for his retirement decoration. 3. His personnel records do not contain any adverse actions; he was recognized and awarded medals during his career, and he maintained the highest performance standards. In support of his request, the applicant provides a copy of a draft MSM citation. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 30 March 2002, the applicant’s was awarded the AFCM for the period ending 30 March 2002. On 1 October 2003, the applicant retired in the grade of master sergeant after serving 20 years, 4 months and 6 days of total active service. The MSM is awarded to members of the Armed Forces of the United States who distinguish themselves by outstanding non-combat meritorious achievement or service to the United States subsequent to 16 January 1969. Normally, the acts or services rendered must be comparable to that required for the Legion of Merit (LOM) but in a duty of lesser though considerable responsibility. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states AFI 36-2803, paragraph 2.2 states there is no requirement to present a retirement decoration. Decorations are a voluntary act of the recommending official. Also, there was no special order found in the applicant’s records and no official signature was located on the provided citation. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he is merely seeking a small amount of recognition in the form of a retirement MSM based on his 20-year military record, which includes unit and personal awards and the MSM citation that was not forwarded on his behalf. The applicant’s complete submission 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 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. While the applicant believes he should have been awarded an MSM based on his military record and the awards he received, we do not find the evidence provided is sufficient to conclude that his commander’s decision not to award him the MSM or any other decoration at retirement constituted error or injustice. We would point out that even if we believe the applicant’s record meets the basic requirements for award of the requested decoration, without knowing the reasons the commander chose not to grant the applicant an award, we do not have a basis to substitute our judgment for that of the commander. Therefore, we conclude that on the basis of the evidence provided, the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, the applicant's request 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 Docket Number BC- 2011-02078 in Executive Session on 22 Sept 11 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 May 11, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. HQ AFPC/DPSIDR, Letter, dated 20 Jul 1l. Exhibit D. SAF/MRBR, Letter, dated 29 Jul 11. Exhibit E. Applicant’s Rebuttal, Letter, dated 8 Aug 11.