RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00370
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Air Force Commendation Medal (AFCM) awarded for the period 23 Mar 98 to 16 Jul 01, which was revoked, be reinstated.

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APPLICANT CONTENDS THAT:

In Jul 01, she was awarded the AFCM.  She had been stationed at Moody AFB, Georgia, since Mar 98.  She received a special duty assignment to Stuttgart, Germany.  She was supposed to leave Moody AFB in early Aug 01.  In Jun 01, her on-base house was flooded by the main sewer line that was in her front yard, and she filed a claim for her losses.  Several weeks later, she was informed that she was suspected of having submitted a fraudulent claim.  Her AFCM was subsequently revoked and she was court-martialed.  However, she was acquitted.  Her permanent change of station (PCS) was changed to a permanent change of assignment (PCA).  Because of this, her commander would not reinstate the medal.  She believes that this is an injustice.  The medal was taken away before she had an opportunity to show that she was innocent of the charge against her.  She was fully acquitted and was not supposed to suffer any negative actions.  

In support of her appeal, the applicant provided an expanded statement, documentation pertaining to the AFCM, and copies of her enlisted performance reports (EPRs).

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

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of staff sergeant, having been promoted to that grade on 1 May 02.  Her Total Active Federal Military Service Date (TAFMSD) is 17 Dec 97.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. 

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They noted that the applicant was assigned to Moody AFB during the period 23 Mar 98 to 11 Dec 01.  She was awarded the AFCM on 30 May 01, but it was revoked on 11 Jul 01.

AFPC/DPPPR indicated that the applicant has not provided any documentation or statements from involved individuals in her then chain of command to substantiate her claims.  There was no official documentation showing why the decoration was revoked.  According to AFPC/DPPPR, if a PCS decoration were to be considered, the inclusive dates used in the revoked decoration would not be valid, since the applicant did not depart Moody AFB on 16 Jul 01.  A completely new recommendation package would need to be submitted, with the inclusive dates of her tour at Moody AFB.  Since she has not provided any statements or official documents regarding an overseas assignment, a summary court-martial, or a PCA at Moody AFB, they could not confirm any of her allegations.  Because the applicant has not provided sufficient documentation to substantiate her claims, AFPC/DPPPR indicated that they could not verify her eligibility for the AFCM.

A complete copy of the AFPC/DPPPR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that she feels that she has provided substantial evidence showing that she deserved the AFCM, and that her chain of command at one point thought that she should have it.  There was nothing in her record that indicated a reason she should have been denied the medal at the time of her permanent change of station.  She believes that she was treated unfairly by her chain of command because she was acquitted.  They thought highly enough of her to award her the AFCM.  However, two months later they refused to give it back to her, with no good reason for their decision.

Applicant’s complete response, with attachment, is at Exhibit D.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of injustice warranting corrective action.  The evidence of record indicates that the applicant was awarded the AFCM for meritorious service during the period 23 Mar 98 to 16 Jul 01 as an end of tour decoration.  Prior to her PCS, she was court-martialed for submission of a fraudulent claim for damaged furniture resulting from her flooded residence, and her AFCM was revoked.  She was ultimately exonerated of the charges.  However, her PCS assignment was changed to a PCA because of her being placed on administrative hold for the court-martial action.  As a result, the AFCM was not reinstated.  However, after a thorough review of the facts and circumstances of this case, we are of the opinion that the applicant should be awarded the just deserved medal.  The applicant had been awarded the AFCM for her meritorious service for the aforementioned period and, in all likelihood, would have retained the medal were it not for the court-martial action and the delay in her PCS assignment.  In view of the foregoing, and to remove the possibility of an injustice, we recommend that the applicant’s records be corrected to reflect award of AFCM for meritorious service during the period 23 Mar 98 to 11 Dec 01.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that she was awarded the Air Force Commendation Medal (AFCM) for meritorious service during the period 23 Mar 98 to 11 Dec 01.

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The following members of the Board considered AFBCMR Docket Number 02-00370 in Executive Session on 1 Oct 02, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 30 Jul 02, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPR, dated 15 Aug 02.
     Exhibit C.  Letter, SAF/MRBR, dated 23 Aug 02.
     Exhibit D.  Letter, applicant, dated 6 Sep 02, w/atch.

                                   

AFBCMR 02-00370

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that she was awarded the Air Force Commendation Medal (AFCM) for meritorious service during the period 23 Mar 98 to 11 Dec 01.