RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02588
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Meritorious Service Medal (MSM) fourth oak leaf cluster (4OLC) closing on 18 Jul 01 be revoked and that the MSM 4OLC closing 14 Apr 00 be reinstated.

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APPLICANT CONTENDS THAT:

He was awarded the MSM closing on 18 Apr 00 by Brigadier General R---.  At the request of Colonel S---, the order awarding him the MSM was revoked in order to recommend him for award of the Legion of Merit (LOM).  Colonel S--- had secured the full support of the Pacific Air Command (PACAF) leadership prior to pursuing this course of action.  The LOM nomination was declined.  He was advised by Colonel D---, of the SAF Personnel Council, that there was virtually no chance of him being awarded the LOM because his positions had not been classified as "LOM positions."  After the recommendation was rejected, Colonel S--- awarded him the MSM closing on 18 Jul 01 for the entire period of time he was assigned to Hickam AFB, HI.  

The award of the MSM that, Brigadier General R---, who was his commander while at the 15 ABW, is much more meaningful to him.  His most significant and meaningful accomplishments, captured so eloquently in Brigadier General R---'s citation are all lost in the citation covering both jobs.  In addition, it is critically important that the time he spent at HQ PACAF, and his record of achievements there, remain available for use as justification for future award consideration.

In support of his request, applicant provided a personal statement, documents associated with the MSM closing 14 Apr 00, documents associated with the recommendation for award of the LOM, documents associated with the MSM closing 18 Jul 01, copies of email communications, letters from the Army Board for Correction of Military Records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that the applicant was appointed a second lieutenant, Reserve of the Air Force, on 21 May 77.  He was voluntarily ordered to extended active duty on 30 Jun 80.  He was integrated into the Regular Air Force on 30 Jun 86.  He has been progressively promoted to the grade of colonel, having assumed that grade effective and with a date of rank of 1 Dec 97.

The applicant served as 15 ABW Staff Judge Advocate during the period of 15 Jul 98 through 14 Apr 00.  He served as Deputy Director of SJA at HQ PACAF during the period of 15 Apr 00 through 17 Jul 01.

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AIR FORCE EVALUATION:

AFPC/DPPPR reviewed applicant's request and recommends denial.  DPPPR states that AFI 36-2803, paragraph 3.7 does not authorize revoking a decoration in order to recommend an individual for a higher decoration.  If the MSM for the entire period of his tour is revoked and the original decoration is reinstated, he would then have no decoration for the period of 15 Apr 00 through 17 Jul 01.  

Since HQ PACAF was the final approval authority at the time, he should have applied to them for reconsideration.  He has not provided statements from any of the individuals involved supporting his request.  Preference for wording in one decoration citation over the wording in another is insufficient reason to revoke one decoration in favor of another.  The MSM that is now valid is an end-of-tour decoration that covers the 3-year period he was assigned to Hickam AFB, which is the normal method for awarding a decoration.  If the original MSM is reinstated, he could not now be recommended for a decoration covering the period of 15 Apr 00 through 17 Jul 01 since recommendations for decorations must be submitted within 2 years of the act, accomplishment, or service.  

The DPPPR evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that DPPPR suggests that HQ PACAF could address his request, then in the same paragraph states that he could not now be recommended for a decoration because of time limitations.  DPPPR makes the case that it would be totally fruitless to have applied to PACAF to do what he is asking the Board to do.  It seems clear that there is no authority to make this correction, other than the AFBCMR.  

Applicant provided copies of email communications from Colonel  S--- and Brigadier General R--- supporting his requested action.  It should be clear to the Board that both were attempting to seek the next level of award to recognize his performance while in PACAF.  This is the only reason BG R--- agreed to Colonel S---'s request to revoke the MSM.  

DPPPR states that AFI 36-2803 does not authorize revoking a decoration in order to recommend an individual for a higher award.  Accepting that interpretation of the AFI, it is clear that the order which revoked the original MSM is void ab initio.  In as much as this order was issued without lawful authority, according to DPPPR, the original MSM has not been revoked.  Since the second MSM included a period of time that the first MSM already covers, it is invalid and should be revoked.  As a matter of law, it seems that the Board, agreeing with his interpretation of the applicable AFI, should set aside the order which improperly revoked the first MSM.  

His complete submission, with attachments, 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 error or injustice.  In this regard, the applicant was awarded an MSM for the period of 15 Jul 98 through 14 Apr 00.  The award approval authority revoked the decoration in order to recommend the applicant for a higher level award.  We note that the authority cited as authorization to revoke the award was listed as AFI 36-2803, paragraph 3.7.  A review of that particular paragraph reveals that authority to revoke the MSM in order to recommend an individual for a higher award does not exist.  Therefore, it is our opinion that the revocation of the original MSM was in error and that action should be considered void and without effect.  Accordingly, in an effort to eliminate any errors or injustices that occurred in this matter, we recommend that his records be corrected as indicated below.  

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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:

	a.  Special Order GW-040, dated 22 August 2001, be, and hereby is, declared void and removed from his records.

	b.  The Meritorious Service Medal (MSM), fourth oak leaf cluster (4OLC), awarded for the period 15 July 1998 through 18 July 2001, be, and hereby is declared void and removed from his records.

	c. The attached citation for MSM (4OLC) awarded for the period 15 July 1998 through 14 April 2000 be inserted in his records.

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The following members of the Board considered Docket Number 02-02588 in Executive Session on 30 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 2 Jul 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 29 Aug 02, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 6 Sep 02.
    Exhibit D.  Letter, Applicant, dated 2 Oct 02, w/atchs

					

AFBCMR 02-02588

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 APPLICANT, be corrected to show that:

		a.  Special Order GW-040, dated 22 August 2001, be, and hereby is, declared void and removed from his records.

		b.  The Meritorious Service Medal (MSM), fourth oak leaf cluster (4OLC), awarded for the period 15 July 1998 through 18 July 2001, be, and hereby is declared void and removed from his records.

		c. The attached citation for MSM (4OLC) awarded for the period 15 July 1998 through 14 April 2000 be inserted in his records.

Atch:
MSM, 4OLC