RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01546
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) be corrected to include the citations for award of the Meritorious Service Medal, Third Oak Leaf Cluster (MSM, 3OLC), for the period 12 September 1999 to 14 October 2002 and he be considered for promotion to the grade of colonel by Special Selection Board (SSB) for the Calendar Year 2002B (CY02B) Central Colonel Selection Board, which convened on 3 December 2002.

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APPLICANT CONTENDS THAT:

According to a non-select briefing by AFPC, his “as met” records did not include the MSM from a previous assignment.  Failure to include this award may have raised undue concern if he was awarded a medal.  The time between the end of tour and the board exceeded 30 days and the time between the orders being published on 7 November 2002 and the board convening on 3 December 2002 almost exceeded thirty days.  He believes the OSB should be updated and latest MSM included in the “as met” records.

In support of the appeal, applicant submits a copy of his citation and orders awarding the MSM, 3OLC.  Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant is currently serving on extended active duty in the grade of lieutenant colonel.

Applicant’s Officer Performance Reports (OPRs) from 1991 through 2002 reflect meets standards on all performance factors.  Applicant was considered and not selected for promotion to the grade of colonel by the CY02B Central Colonel Selection Board.

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AIR FORCE EVALUATION:

AFPC/DPPPO states that they disagree with the applicant’s contention.  They state although the period of the decoration was through 14 October 2002, the orders were not published until     7 November 2002.  AFI 36-2803, Table 3.1, note 5, directs forwarding citations and special orders within 30 days of the date the special orders are published.  Thus, the decoration was not required to be updated in MilPDS, and on file in his record, until 7 December 2002.  As such the decoration was not a matter of record at the time the CY02B board convened on 3 December 2002.  The citation was filed in his OSR on 21 April 2003.  Therefore, they recommend denial of applicant’s request.  A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that while it is his understanding that the review board at Randolph recommended denial based on a strict interpretation of AFI 36-2803, he believes their position misses a broader point.  One of the routine factors a promotion board would review is awards and decoration.  For a board as competitive as colonel, lacking a decoration from a prior assignment sends a negative message.  This negative message is magnified based on the time from Permanent Change of Station (PCS) on 14 October 2002 until the board met on 3 December 2002.

Due to a host of administrative reasons, the award was not approved by his losing organization until after he had completed his PCS.  Only through personal due diligence, did the decoration get added to his record, albeit not in time for the original board.  Further, when he faxed the decoration to AFPC on 2 December, he was assured the decoration would be included in the selection folder meeting the board.  This did not occur.  By including the decoration in the folder and meeting the supplemental board, he believes he would stand a fair and equitable promotion opportunity.

Applicant's complete response, with attachments, 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.	Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  The Air Force has indicated that the applicant's Officer Selection Record (OSR) did not reflect the citation for the award of the Meritorious Service Medal, Third Oak Leaf Cluster (MSM, 3OLC).  It appears that the applicant made reasonable efforts to ensure that his record was correct when the selection board in question considered him for promotion.  There is no way of knowing for certain the impact the absence of this information may have had on the applicant’s promotion opportunity.  In view of the above and because the award was due for acceptance in the applicant’s selection record a mere four days after the selection board convened, in an effort to remove any possibility of an injustice to the applicant, we recommend that his record, to include his corrected OSB reflecting the award of the contested award, be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the CY02B Central Colonel Selection Board.

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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 the Meritorious Service Medal, Third Oak Leaf Cluster (MSM, 3OLC), awarded for service during the period 12 September 1999 to 14 October 2002, was accepted for file in his Officer Selection Record (OSR) on or before 3 December 2002, and, he be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the CY02B Central Colonel Selection Board.

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The following members of the Board considered this application, BC-2003-01546, in Executive Session on 28 August 2003, 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 17 Apr 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 1 Jul 03.
   Exhibit D.  Letter, SAF/MRBR, dated 11 Jul 03.
   Exhibit E.  Applicant's Response, dated 4 Aug 03, w/atch.

                                   Chair

AFBCMR BC-2003-01546
INDEX CODE:  107.00

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, be corrected to show that the Meritorious Service Medal, Third Oak Leaf Cluster (MSM, 3OLC), awarded for service during the period 12 September 1999 to 14 October 2002, was accepted for file in his Officer Selection Record (OSR) on or before 3 December 2002, and, he be considered for promotion to the grade of colonel by a Special Selection Board (SSB) for the CY02B Central Colonel Selection Board.

		Director
		Air Force Review Boards Agency