RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-00013
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM), Third Oak Leaf Cluster (3OLC), be changed to a Meritorious Service Medal (MSM).

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APPLICANT CONTENDS THAT:

He was presented an MSM at his retirement ceremony on 20 Sep 00.  His unit ensured that he would get the original (sealed) MSM soon after his ceremony.  He reviewed his airman performance reports (APRs) and enlisted performance reports (EPRs) and received all 9’s (APRs) and 5’s (EPRs).

In support of his appeal, applicant submitted copies of correspondence to his member of congress, with the response; copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and retirement orders; a copy of his citation for award of the MSM; copies of the special order and citation to accompany award of the AFCM (3OLC); and his APRs and EPRs for the period 4 Dec 80 through 1 Mar 00.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 4 Dec 80, applicant contracted his initial enlistment in the Regular Air Force and served on continuous active duty until his retirement on 1 Jan 01.  He was progressively promoted to the grade of staff sergeant (SSgt/E-5), with a date of rank and effective date of 1 Aug 91. 

Applicant’s last six enlisted performance reports (EPRs) reflect overall promotion recommendations of “5.”

On 31 Dec 00, applicant was honorably discharged under the provisions of AFI 36-3203, and retired effective 1 Jan 01.  He served 20 years and 27 days of active duty.  

Per Special Order GG-0130, dated 20 Mar 02, applicant was awarded the AFCM (3OLC) for meritorious service during the period 4 Aug 96 to 31 Dec 00.

Applicant’s records reflect award of the Air Force Achievement Medal with 3 devices, Air Force Commendation Medal with 2 devices, Air Force Longevity Service Medal with 3 devices, Air Force Training Ribbon, Air Force Overseas Short Tour Ribbon, Air Force Overseas Long Tour Ribbon with 1 device, National Defense Service Medal, Humanitarian Service Medal, NCO PME Ribbon, Armed Forces Expeditionary Medal, NATO Medal, Air Force Outstanding Unit Award with 4 devices, Air Force Good Conduct Medal with 5 devices, and the Military Outstanding Volunteer Service Medal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial.  They state that the applicant has not provided any documentation that would substantiate his claim of having been awarded an MSM as a retirement decoration.  However, they find it plausible that his commander, not waiting for the decoration package to be completed, assumed an MSM would be approved, and read an MSM citation at the applicant’s retirement ceremony.  On the other hand, the applicant’s last day of duty was 31 Dec 00; therefore, it is not reasonable that he would be awarded an MSM with the closeout date of 1 Oct 00.

The fact that the decoration process was initiated on 12 Jan 00 (RDP date on the order) shows that the recommendation was initiated well in advance of the applicant’s terminal leave date and his established retirement date.  The applicant may well have been recommended for an MSM for his retirement, but the Major Command apparently did not feel that the commander’s recommendation met the criteria for the MSM and downgraded the decoration to an AFCM.

A complete copy of the evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 Feb 03 for review and comment within 30 days.  As of this date, no response has been received by this office (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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting favorable action on the applicant’s request to upgrade his Air Force Commendation Medal, Third Oak Leaf Cluster, (AFCM(3OLC), to a Meritorious Service Medal (MSM).  We took notice of the applicant’s complete submission in judging the merits of the case.  While the applicant may have been recommended for award of the Meritorious Service Medal (MSM) as a retirement decoration, we find no evidence that the recommendation had been completed and approved.  Nor did we find any evidence that the approval authority abused their discretionary authority in downgrading the decoration to an Air Force Commendation Medal.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought 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 AFBCMR Docket Number BC-2003-00013 in Executive Session on 21 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 28 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Feb 03.