RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02705
		INDEX NUMBER:  131.00
	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be granted supplemental promotion consideration to the grade of senior master sergeant (SMSgt) for cycle 02E8 with his record corrected to include the citation for the Air Force Commendation Medal, Third Oak Leaf Cluster (AFCM) (3OLC) closing 19 Sep 01 and removal of the Board Discrepancy Report.

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APPLICANT CONTENDS THAT:

AFPC/DPPPW did not fully consider the merits of his request for an exception to policy to senior NCO (SNCO) supplemental promotion consideration.  First, the personnel system did not ensure that his AFCM (3OLC) was included in his SNCO promotion selection folder.  Secondly, AFPC did not follow standard procedure in producing discrepancy notices seven days prior to the board due to MILMOD and stop-loss issues, which would have given the local Military Personnel Flights (MPFs) time to respond with copies of missing documents.  Third, AFPC failed to inform the promotion board of the change in procedures.  

Applicant provides a memorandum with 12 attachments in support of his appeal.  The applicant indicates that the memorandum is in response to issues brought up by AFPC/DPPPW in their denial of his request.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of master sergeant.  The applicant’s records were evaluated by the SNCO Evaluation Board for cycle 02E8 on 23 Jan 02.  The applicant’s board score was 345.00.  His total score was 626.40 and the score required for selection in his AFSC was 643.20.  The citation for the applicant’s AFCM (3OLC) was missing from his selection folder.  However, the decoration was reflected on the SNCO Evaluation Brief and reviewed by the evaluation board.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial of the applicant’s request.  A review of the applicant’s HQ USAF Selection Folder reflects that the AFCM (3OLC) was included on the Senior NCO Evaluation Brief and reviewed by the evaluation board.  A decoration is not considered missing if the citation or order is filed in the folder or if the decoration was listed on the brief used by the board.

Board members are briefed that discrepancy letters are an administrative tool simply to let them know that AFPC is aware that there is a disparity between the record contents and the information on the brief.  It lets the board know that information on the brief is correct and the records section is trying to obtain a copy of the decoration.  If the discrepancy letter were not in the record, board members would constantly be questioning the validity of the update on the brief.  This would also be the case if the decoration were in the record, but not in the brief.

The applicant provides comments from board members highlighting their opinions regarding record deficiencies; however, he does not highlight their opinions regarding the type of decoration they feel a MSgt should receive during a permanent change of station (PCS).  Four of the five board members stated that a Meritorious Service Medal is the norm for a MSgt during a PCS or is in a position to obtain an extended tour decoration.  The board did not favorably view a member receiving a lesser decoration for a PCS or extended tour.  The decoration the applicant is requesting be reviewed supplementary is an AFCM he received for a PCS.  This may have negatively impacted his score.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicated in his response to the Air Force evaluation that there appears to be only one fair way to resolve the issue of the impact of the missing decoration citation.  That would be for the Board to direct that his record be scored by a supplemental board with the citation included and the discrepancy notice removed.

He indicates that it is ironic that AFPC has denied the impact of a discrepancy in his promotion record because board member feedback is not official policy, yet they point to board member feedback to highlight another area that may have impacted scoring of his record.  In regards to AFPC’s indication that the board may have viewed his receipt of an AFCM during his PCS negatively, he points out that he had received an MSM just 14 months prior for completing a three-year tour and he also had received an Air Force Achievement Medal for his support of Operation Allied Force in 1999.

The applicant states that he did everything possible to ensure his record was up to date.  He requests that the promotion board have an opportunity to review his record without bias.

Applicant’s complete response is at 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, a majority of the Board was not persuaded that the missing decoration citation and inclusion of the discrepancy report precluded the applicant’s records from being fairly scored.  In fact the majority of the Board believes that the promotion board member comments in reference to “missing decoration for a tour of duty” listed under “negative attributes in records” refers to failure of the member to be awarded a decoration during a tour of duty, not a missing citation.  The applicant’s contested decoration was clearly listed on the Senior NCO Evaluation Brief.  Finally, while the Board acknowledges actions by the applicant to get the citation included in his records, the majority of the Board finds no error or injustice in application of the stated Air Force policy denying him supplemental promotion consideration.  Therefore, in the absence of evidence to the contrary, the Board majority finds no compelling basis to recommend granting the relief requested.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number 02-02705 in Executive Session on 23 October 2002, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny applicant’s request.  Mr. Russell voted to grant the applicant’s requests but did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPWB, dated 29 Aug 02, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 20 Sep 02.
    Exhibit E.  Memorandum, Applicant, dated 16 Oct 02.

                                   

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXX, XXX-XX-XXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I do not agree with their recommendation.  I believe that the applicant took appropriate steps to ensure that his decoration was filed in his selection folder.  As such, the discrepancy report that had to be filed in his record documented an error not of his making.  The promotion system places a large responsibility on the individual to ensure the accuracy of their records.  In circumstances such as those of the applicant where all reasonable efforts were exhausted to ensure that the records were correct, it would be an injustice to deny him consideration with an accurate record.  In consideration of the actions taken by the applicant to ensure that his records were complete and accurate prior to the convening of the selection board, I believe that he should be provided supplemental promotion consideration to the grade of senior master sergeant with the citation for his Air Force Commendation Medal (3OLC) included.

							

AFBCMR 02-02705

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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that the citation for the Air Force Commendation Medal, Third Oak Leaf Cluster, awarded for the period 3 July 2000 to 19 September 2001, was accepted for file on 16 January 2002.

	It is further directed that he be provided supplemental consideration for promotion to the grade of senior master sergeant (E-8) beginning with cycle 02E8.

	If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual’s qualifications for the promotion.

	If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.