RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03804
		INDEX NUMBER:  131.00
	XXXXXXXXXXXXXXXX

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Navy and Marine Corps Achievement Medal awarded to him for the period Oct 99 to May 03 and approved on 8 Oct 03 be included in his officer selection record (OSR) for the CY03A Lieutenant Colonel Central Selection Board, which convened on 8 Jul 03.

The Meritorious Service Medal (MSM) awarded to him by the Air Force for the period 16 May 96 to 24 Sep 99 and approved on 3 Oct 03 be included in his OSR for the CY03A Lieutenant Colonel Central Selection Board, which convened on 8 Jul 03.

He be considered for promotion to lieutenant colonel by Special Selection Board (SSB) for the CY03A Lieutenant Colonel Central Selection Board with the missing decorations included in his OSR.

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APPLICANT CONTENDS THAT:

The Navy and Marine Corps Achievement Medal awarded to him was not processed properly causing the approval order to be signed after he was considered for promotion to lieutenant colonel by the CY03A Lieutenant Colonel Central Selection Board.

His assigned unit failed to correctly process the Meritorious Service Medal he was awarded causing it to be approved after he was considered for promotion.  In support of his appeal, he has provided a letter from a senior officer in his unit at the time explaining the circumstances that led to the medal not being processed on time.

The applicant’s complete submissions, with attachments, are at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 27 Jan 88 and was promoted up to the grade of major.  According to the military personnel data system, he was rated as meeting standards on his last five officer performance reports.  He was considered and not promoted to the grade of lieutenant colonel by the CY03A Lieutenant Colonel Central Selection Board, which convened on 8 Jul 03.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends that the applicant’s requests be disapproved.  Although the applicant has provided documentation to show that his MSM was not properly processed, he did not take action until after he was nonselected.  In addition, he has not provided any evidence as to why the Navy and Marine Corps Achievement Medal was not processed in a timely manner.

The complete 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 9 Jan 04 for review and comment within 30 days.  To date, a response has not been received.

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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.  The supporting evidence provided from the applicant’s assigned unit during the period of the MSM award persuades us that award of the medal was delayed due to factors outside the applicant’s control.  We also believe that the delay was in fact due to error and that to deny the applicant the potential benefit the decoration might have on his promotion opportunity constitutes an injustice.  Regarding the Navy and Marine Corps Achievement Medal, the applicant failed to provide conclusive evidence that an error was made in the processing of this medal.  However, we believe, given the total circumstances of his case, he should be given the benefit of the doubt.  Therefore we believe that both medals should be accepted for file in the applicant’s record in time to be considered by the CY03A Central Lieutenant Colonel Selection Board.  Therefore, we recommend that the applicant’s records be corrected as indicated below.

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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:

	  a.  The Navy and Marine Corps Achievement Medal awarded for the period from October 1999 to May 2003 was accepted for file in his Officer Selection Record on 1 July 2003.

	  b.  He was awarded the Meritorious Service Medal for the period 16 May 1996 to 24 September 1999 on 25 June 2003 rather than 3 October 2003; the citation was signed by the XXst Fighter Wing Commander on 25 June 2003, and was accepted for file in his Officer Selection Record on 26 June 2003.

It is further recommended that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY03A (8 July 2003) Central Lieutenant Colonel Selection Board with the corrected record.

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The following members of the Board considered Docket Number BC-2003-03804 in Executive Session on 19 February 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 Forms 149, dated 6 Nov 03 and 6 Nov 03, 
                 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 29 Dec 03.
     Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.

                                   

AFBCMR BC-2003-03804

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 XXXXXXXXXXXX, XXX-XX-XXXX, be corrected to show that:

		a.  The Navy and Marine Corps Achievement Medal awarded for the period from October 1999 to May 2003 was accepted for file in his Officer Selection Record on 1 July 2003.

		b.  He was awarded the Meritorious Service Medal for the period 16 May 1996 to 24 September 1999 on 25 June 2003 rather than 3 October 2003; the citation was signed by the 1st Fighter Wing Commander on 25 June 2003, and was accepted for file in his Officer Selection Record on 26 June 2003.

	It is further directed that he be considered for promotion to the grade of lieutenant colonel by Special Selection Board (SSB) for the CY03A (8 July 2003) Central Lieutenant Colonel Selection Board with the corrected record.