RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03611
		INDEX NUMBER:  131.00

	XXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Officer Selection Record for the Calendar Year 1999A (CY99A) Lieutenant Colonel Selection Board be corrected to include the Air Medal he was awarded for the period 16 January 1991 to      4 February 1991.

He be granted promotion consideration to lieutenant colonel by Special Selection Board (SSB) for the CY99A Lieutenant Colonel Selection Board with the corrected record.

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APPLICANT CONTENDS THAT:

When counting his missions in support of Operation Enduring Freedom for award of the Air Medal, he discovered that he should have been awarded the Air Medal for Desert Storm.  He has now been awarded that Air Medal and believes it may have made a difference when he was considered for promotion to lieutenant colonel.

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

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date is 28 Feb 83.  The applicant was considered but not selected for promotion to lieutenant colonel by the CY99A promotion selection board.  On 9 Nov 00, the AFBCMR granted the applicant promotion consideration by SSB for the CY99A promotion board due to an error in his duty title.  The Board denied the applicant’s request to direct the SSB to score all records with the intermediate service school (ISS) designator “residence” the same (See Record of Proceeding at Exhibit B).  The applicant was considered for promotion by SSB on 22 Jan 01 and not selected.

On 20 Sep 01, the AFBCMR denied the applicant’s request for promotion consideration to lieutenant Colonel by SSB for the CY99A selection board with a letter he previously wrote to the board president withdrawn (Exhibit B).  

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.

Although the period of the applicant’s Air Medal was from 16 Jan 91 to 4 Feb 91, the orders were not published until 24 Oct 02.  As such, it was not required to be on file in the applicant’s records until 24 Nov 02.  This Air Medal was not a matter of record at the time the CY99A board convened on 19 Apr 99.

The complete evaluation is at Exhibit c.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant states that his Air Medal was not awarded in 1991 because his seventh mission, which would have qualified him for the award was copied incorrectly leaving his name off the source list.  Now that the error has been remedied, he requests promotion consideration by SSB.

The 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 believe the applicant should have been aware of the requirements for award of the Air Medal and, in reviewing his record, noted that he had not been awarded the medal based on the missions he had flown.  Although the applicant indicates what the error was that caused him not to be awarded the medal in a timely manner, he fails to indicate why the error was only discovered more than ten years after the fact.  We note that the applicant was previously considered for promotion by SSB for the CY99A Lieutenant Colonel Selection Board based on another error in his record.  We believe that he failed to exercise due diligence in not discovering the error regarding his award of the Air Medal in a much more timely manner.  Had he done so, the medal would have been included in his officer selection record, both during his primary promotion selection board and the SSB that considered him for promotion.  Therefore, in the absence of evidence to the contrary, we do not find a compelling basis to grant the relief he seeks in this application.

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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.

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The following members of the Board considered this application in Executive Session on 1 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPO, dated 30 Dec02.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.
    Exhibit E.  Letter, Applicant, dated 27 Feb 03.