RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03710
		INDEX CODE:  131.01

XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

XXX-XX-XXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant colonel by special selection board (SSB) for the CY03A Lieutenant Colonel Central Selection Board (8 Jul 03) (P0503A) with his Joint Service Commendation Medal (JSCM) included in his officer selection record (OSR).

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APPLICANT CONTENDS THAT:

He was recommended for the JSCM in Aug 02 and due to circumstances out of his control and despite his attempts to expedite the processing of the JSCM, it was not awarded until 9 Sep 03.  As a result, when the board convened on 8 Jul 03, this decoration was not considered as a part of his record.

He further states that this is a significant award as it demonstrates joint service in a combat zone while actively participating in the global war on terrorism, which is an indicator of his potential for increased responsibility and should have been considered.

In support of his appeal, applicant submitted a personal statement; a chronology of the processing of the JSCM; a letter from US Central Command (awards approval authority), dated 17 Dec 02; the JSCM recommendation, award and citation and other supporting documentation from personnel involved in the processing of the decoration.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the grade of major, with a date of rank of 1 Aug 99, as the Director, Joint Search and Rescue Center at USSOUTHCOM.

Applicant was nonselected for promotion by the CY03A Lieutenant Colonel Central Selection Board which convened on 8 Jul 03.

Per Permanent Order SC-XXXX, dated 9 Sep 03, he was awarded the JSCM for outstanding meritorious achievement during the period 15 May to 7 Aug 02.  The Recommendation for Award date is listed as 11 Aug 02.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this application and recommended denial.  They do not support the applicant’s contentions that the JSCM should have been filed in his OSR for the P0503A board.  Although the applicant provided substantiating documentation from the personnel involved in the processing of the decoration indicating the reasons for the delay, and he exercised due diligence in attempting to expedite the processing of the decoration, compliance with guidance in AFI 36-2803 is a must.  This AFI states that recommendations are entered “into official channels within 2 years and awarded within 3 years of the act, achievement, or service performed.”  As such, the decoration was processed within the guidelines of the governing directive.  Furthermore, the decoration authority announces its final decision when approving an award by publishing special orders.  Since the order was published on 8 Sep 03, the decoration would not have been reflected in the personnel data systems and the citation would not have been included in the his selection record at the time the board convened.  The JSCM did not exist when the P0503A board convened; therefore, SSB consideration is not justifiable.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues that the opinion rendered selectively quotes AFI 36-2803, para 3.1, and ignores the critical parts of the paragraph.  Para 3.1 directs to “submit recommendations as soon as possible following the act, achievement, or service.”  His decoration package was submitted four days after the service was completed.  Further, his recommendation was made on 11 Aug 02 and it was endorsed by a higher official in the chain of command.

He says the point the opinion is missing is that the decoration was submitted in accordance with the AFI, but subsequent administrative confusion and error resulted in an unwarranted delay in processing.

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.  Sufficient 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, including the letters of explanation provided by the personnel officials responsible for processing and publishing the Joint Service Commendation Medal (JSCM).  The contested award was initially recommended in Aug 02 and while the applicant exercised due diligence in trying to expedite the processing of the decoration, despite his efforts, the JSCM was not awarded until orders were published on 9 Sep 03.  As a result, when the CY03A Lieutenant Colonel Central Selection Board convened on 8 Jul 03, this decoration was not considered as a part of his officer selection record.  We agree the JSCM was not a matter of record until official orders were published and met the guidelines for submission.  Nevertheless, subsequent to the submission of this application, the Joint Service Agency award authority amended the date of order and citation to reflect 1 Jul 03, rather than 9 Sep 03.  In view of this and to alleviate any injustice to the applicant, we recommend his records be corrected to show that the JSCM was accepted for file in his records prior to the convening of the CY03A Lieutenant Colonel Central Selection Board (P0503A).  In addition, we recommend that his corrected record be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the CY03A Lieutenant Colonel Central 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 he was awarded the Joint Service Commendation Medal for meritorious service during the period 15 May 2002 to 7 August 2002, on 1 July 2003 rather than 9 September 2003, and that the award was accepted for file in his Officer Selection Record on 4 July 2003.

It is further recommended that his record, to include the Joint Service Commendation Medal, be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 2003A Lieutenant Colonel Central Selection Board.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03710 in Executive Session on 21 January 2004, 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 30 Oct 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPO, dated 11 Dec 03.
     Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
     Exhibit E.  Letter, Applicant, dated 31 Dec 03.

                                   

AFBCMR BC-2003-03710

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 XXXXX, XXX-XX-XXXX, be corrected to show that he was awarded the Joint Service Commendation Medal for meritorious service during the period 15 May 2002 to 7 August 2002, on 1 July 2003 rather than 9 September 2003, and that the award was accepted for file in his Officer Selection Record on 4 July 2003.

It is further directed that his record, to include the Joint Service Commendation Medal, be considered for promotion to the grade of lieutenant colonel by Special Selection Board for the Calendar Year 2003A Lieutenant Colonel Central Selection Board.