RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03308
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect the award of the Meritorious Service Medal (MSM) for the period July 1987 to September 1990.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A nomination to award him the MSM was destroyed by his supervisor at OL-FA, Mr. A---, after he became aware that he had participated in a PROTECTED act, e.g., notification to the AFIA Inspector General of Mr. A---‘s illegal actions.  This was clearly an illegal reprisal by Mr. A---, and therefore the AF MSM package should be recreated and the decoration awarded.  Also, as both Mr. A---‘s 1st and 2nd level supervisors aided in this reprisal, this award should not go through previous command channels.

In support of the appeal, applicant submits an information summary report, two character references, a letter from the commander, two copies of the Nomination for AF/IN-AFIA Company Grade Officer of the Quarter letters, with Justifications, a copy of the Nomination for AF/IN-AFIA Company Grade Officer of the Year letter, with Justification, and a copy of his 14 May 1989 through 13 May 1990 Performance Report.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty during the period 20 October 1982 through 22 July 1991.  He was relieved from active duty in the grade of captain because of physical disability on 22 July 1991 and his name was placed on the Temporary Disabled Retired List (TDRL) effective 23 July 1991.  He had served 8 years, 9 months and 3 days on active duty.  He was permanently retired because of physical disability effective 23 April 1993.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states that the applicant’s supervisor considered submitting a recommendation for an Air Force Commendation Medal, but decided not to submit the package.  On 30 May 1991, the commander of the Air Force Intelligence Agency informed the applicant that a colonel at AFIA/INU decided not to nominate the applicant for a Meritorious Service Medal after a thorough and complete review of his performance while stationed at OL-FA, Fairchild AFB.  The applicant also provided two documents nominating the applicant for Company Grade Officer of the Quarter for different periods of time, but neither was signed or dated.  There is no indication in his records that either package was submitted.  The applicant has waited over 12 years since the closeout period of the requested decoration before submitting his application, without sufficient documentation to substantiate his claim.  An end-of-tour decoration is not automatic.  Therefore, they recommend denial of applicant’s request.

On 7 November 2002, DPPPR asked the applicant to provide a copy of the package recommending him for the MSM for the period July 1987 through September 1990, since an individual cannot recommend himself/herself for a decoration.  Since no recommendation package was submitted into official channels, his request cannot be considered to have been inadvertently lost in administrative channels.  He was asked to provide the necessary documentation to substantiate his claim.  The applicant did not respond.

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 April 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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 this application in Executive Session on 11 June 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 8 Oct 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 7 Apr 03, w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 11 Apr 03.