RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-00420
		INDEX CODE 107.00  131.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The closing date on his Air Force Commendation Medal, 1st Oak Leaf Cluster (AFCM 1OLC), be changed from 3 Jan 02 to 1 Dec 01.

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APPLICANT CONTENDS THAT:

His first USAFE tour ended 1 Dec 01 and his second tour started 2 Dec 01.  There was no justification to change the end of tour date on his AFCM 1OLC to 2 Jan 02.  The date was changed due to AFI 36-2803 and USAFE Extended Tour Decoration Policy where his In-Place Consecutive Overseas Tour (IPCOT) was considered an Extended Tour.  AFI 36-2110 states, “An IPCOT is a new tour, not an extension.” Since an IPCOT is not an Extended Tour, AFI 36-2803 and the USAFE policy memorandum do not apply.  Essentially, his prior supervisor mistakenly circled “Extended Tour” on the DECOR-6 (Request for Decoration Printout) instead of “Other.”  Therefore, 1 Dec 01 should be the end date on the medal.  He discovered the error in Mar 02.  He complained to the 86th Wing Inspector General (IG) office and was told there was nothing he could do but utilize his chain of command, which he did unsuccessfully.  The USAFE IG told him working his case was a low priority and it would be quicker for him to appeal to the AFBCMR. He has exhausted reasonable administrative remedies.

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

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STATEMENT OF FACTS:

The USAFE Supplement to AFI 36-2803, dated 2 Aug 99, indicated that, for Permanent Change of Station (PCS) decorations, the period of service could not overlap a previous decoration for meritorious service and the closeout date could not be before the member’s Date of Expected Return from Overseas (DEROS).  Additionally, “Members must complete their initial tour length prior to submission and will not be submitted for an additional extended tour award if they have a projected PCS assignment, valid DEROS, date of separation [DOS] or date of retirement on file (Example:  Members serving a 4 year tour would not be eligible for an extended tour at the 3 year point.).”

AFI 36-2803, The Air Force Awards and Decorations Program, dated 15 Jun 01, indicates recommendations for meritorious service are based on a completed period of service under the following conditions:

	1.  Retirement
	2.  Separation
	3.  PCS--a move from one 	geographical relocation to another.
	4.  Permanent Change of Assignment (PCA)--reassignment from
		one unit to another on the same 	base or from one 
		office or duty section to another located in the same 
		organization.	 The new assignment must be markedly
		different from the previous duty to meet the intent
		of the completed period of service requirement.
	5.  Extended Tour--not a PCS or PCA but clearly outstanding
		and unmistakably exceptional service for an extended
		period of at least three years for award of the 
		Bronze Star Medal and lesser decorations, or at least
		four years for award of the Legion of Merit.
	6.  Posthumous
	7.  Achievement
	8.  Heroism
	9.  Act of Courage

On 8 Apr 98, the applicant, a staff sergeant, was awarded his basic AFCM for meritorious service with the 436th Medical Group at Dover AFB, DL, for the period 2 Mar 95 to 2 Feb 98.  

The applicant was assigned to the 86th Medical Squadron, Landstuhl, Germany, on 14 Feb 98, as a biomedical equipment journeyman.  On 31 Oct 00, he was assigned as a biomedical equipment craftsman, still at Landstuhl. 

A Report of Individual Person (RIP), prepared on 21 Dec 00, advised the applicant his present DOS was 29 Dec 01, he was required to have at least 12 months of service retainability to be considered for reassignment, his DEROS had been changed to 1 Dec 04, and his new tour start date was 2 Dec 01.

On 14 Oct 01, the applicant, still located at Landstuhl, was rotationally assigned as a team leader for the clinical engineering branch. 

A 3 Jan 02 letter from the USAFE commander noted the USAFE Supplement to AFI 36-2803 currently did not allow approval of Extended Tour decorations on members with a projected PCS, DEROS, or approved DOS or retirement.  Since there was no provision for IPCOT decorations, effective immediately, Extended Tour decorations could be awarded to individuals serving on IPCOTs provided they met the criteria outlined in AFI 36-2803.

The Promotion Eligibility Cutoff Date (PECD) for the 02E6 cycle for technical sergeant (TSgt) was 31 Dec 01.  Promotion selections for this cycle were made on 18 Jun 02, with a public release date of 27 Jun 02.  The applicant’s total weighted promotion score for the 02E6 cycle was 310.02 and the score required for selection in his Air Force Specialty Code (AFSC) was 310.20. 

In Dec 02, the applicant was credited with completion of an overseas  (Germany) long tour for the period of 14 Feb 98 to 1 Dec 01. 

On 2 Jan 03, the applicant was assigned as the assistant NCOIC for life cycle equipment management at Landstuhl. 

On 9 Apr 03, the applicant was awarded the contested AFCM 1OLC for the period 14 Feb 98 to 3 Jan 02, rather than 1 Dec 01, for meritorious service while assigned to the 86th Medical Squadron at Landstuhl, Germany. The contested AFCM 1OLC closed out after the 02E6 PECD of 31 Dec 01, it was ineligible for promotion credit during that cycle.  

On 21 Jul 03, the applicant was awarded an AFCM 2nd OLC (2OLC) for meritorious service in support of Operation Enduring Freedom/Iraqi Freedom (Romania) during the period 9 Mar to 22 May 03.  

The applicant was not selected for TSgt in the 03E6 cycle.  His total weighted promotion score was 309.22 and the score required for selection in his AFSC was 310.74.  The AFCM 1OLC was considered in this promotion cycle.

On 2 Mar 04, in response to his application, HQ AFPC/DPPPRA advised the applicant to provide, among other documents, a written request for reconsideration to the final approval authority within the one-year time limit as required by AFI 36-2803.  DPPPRA also advised the applicant his military personnel data system (MILPDS) records of Duty Assignment History showed he was assigned to Landstuhl on 14 Feb 98 and reassigned to different duties on 31 Oct 00, 14 Oct 01, 2 Jan 03, and 15 Jan 04.  However, his Decoration History showed he was awarded the AFCM 2OLC for an “Extended Tour” with a closeout date of 22 May 03.  The only conditions listed on orders for a decoration for changing positions is for PCA or Extended Tour.  DPPPRA also requested official documentation showing the reason for each of his reassignments at Landstuhl.

In a 24 Mar 04 letter to SAF/MRBR, the applicant advised he tried to correct his record through channels but was unsuccessful.  He was advised to submit his application to the AFBCMR since USAFE was not responding.  He countered that the AFCM 2OLC was not for an Extended Tour ending 22 May 03 but for meritorious service during deployment in support of Operation Enduring Freedom/Iraqi Freedom.  His first tour ended 1 Dec 01 and his second tour began on 2 Dec 01.  

The applicant also provided a letter, dated 19 Mar 03, from the 435th Medical Support Squadron superintendent who advised that, from the outset, the AFCM 1OLC in question was for IPCOT purposes.  However, the DECOR-6 did not allow an IPCOT as a reason for submission; as such, it fell to “Extended Tour.”  The superintendent contends this was not accurate as the regulation clearly specified an “Extended Tour” is a completed tour and start of another, new complete tour--it is not extended in any way.  Prior to 2001, USAFE had a policy there would be no Extended Tour medals.  Due to this interpretation, the AFCM 1OLC was considered an Extended Tour, even though it was truly an IPCOT.  A group-level secretary, under Wing input, changed the award’s closeout date to 3 Jan 02 due to a misinterpretation of the policy.  The policy was rescinded on 3 Jan 02, but the applicant’s IPCOT effective date was 1 Dec 01.  The superintendent asserts the IG learned this was the only command with a policy to such effect.  Despite support and encouragement, no one would engage in effecting the correction.  The superintendent adds HQ USAFE/DPPFP Awards and Decorations verbally advised the intent of the “no Extended Tour” medals was not to stop IPCOT medals, but to prevent people from extending a few months and dropping a medal in for promotion points.  The applicant also submitted a 15 Mar 04 letter from Landstuhl Equipment Management Branch chief explaining the applicant’s assignments.

[These additional documents, provided by the applicant, are included at Exhibit A.]  

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR indicates since an IPCOT is not a condition for which an individual may be recommended for a decoration, it appears the recommending official submitted the applicant for an Extended Tour decoration.  AFI 36-2110, Assignments, states an IPCOT is a new tour, not an extension; however, that AFI does not govern the provisions available in AFI 36-2803 to recommend individuals for a decoration.  The letter of AFI 36-2803 was followed by the recommending official who determined the appropriate condition at which to initiate a decoration to the applicant and determined the appropriate inclusive dates.  Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit B.

HQ AFPC/DPPPWB advises there is no evidence to indicate the applicant tried to correct the closeout date of the decoration until 22 Jul 03, well after selections for cycle 02E6 were announced on 27 Jun 02.  Denial is recommended.  However, if the closeout date of the contested award were changed from 3 Jan 02 to 1 Dec 01, the Board would have to direct supplemental promotion consideration since the change would not have taken place until after selections for this cycle were made on 18 Jun 02. 

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 4 Jun 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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 to warrant changing the closing date of the AFCM 1OLC.  The facts appear to indicate, and the Air Force confirmed, the applicant completed his overseas long tour on 1 Dec 01.  His next assignment, the IPCOT, started on 2 Dec 01.  Other than speculating that the recommending official followed the “letter” of AFI 36-2803, the Air Force did not explain to our satisfaction why the closing date of the award was changed to, and should remain, 3 Jan 02.  The supporting statement from the 435th Medical Support Squadron Superintendent, dated 19 Mar 03, indicated the applicant approached him for assistance with the decoration in Aug 02.  In the senior master sergeant’s view, the AFCM 1OLC’s processing was protracted, the closing date was arbitrarily changed due to policy misinterpretation, and their efforts to rectify the error were somewhat disregarded.  While we cannot determine with certainty why the closing date was changed to 3 Jan 02, we believe any doubt in this case should be resolved to the benefit of the applicant.  In this regard, the 1 Dec 01 closing date appears better supported by the available facts and common sense than does the altered date of 3 Jan 02.  We therefore recommend the 
closing date be amended to 1 Dec 01 and he be provided supplemental promotion consideration to the grade of technical sergeant beginning with cycle 02E6. 

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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 Request for Decoration Printout DECOR-6, dated 19 December 2001, for award of the Air Force Commendation Medal, 1st Oak Leaf Cluster, for the period 14 February 1998 to 1 December 2001, vice 14 February 1998 to 3 January 2002, was accepted for file on 10 June 2002. 

It is further recommended that he be provided supplemental consideration for promotion to the grade of technical sergeant for all the appropriate cycles beginning with cycle 02E6.

If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application, that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the board for a final determination on the individual's qualification for the promotion.

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The following members of the Board considered this application in Executive Session on 19 August 2004 under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number BC-2004-00420 was considered:

   Exhibit A.  DD Form 149, dated 2 Feb 04, & Letter, dated
                  24 Mar 04, w/atchs & Disk.
   Exhibit B.  Letter, HQ AFPC/DPPPR, dated 30 Apr 04.
   Exhibit C.  Letter, SAF/MRBR, dated 4 Jun 04.

                                   Panel Chair

AFBCMR BC-2004-00420

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 Request for Decoration Printout  DECOR-6, dated 19 December 2001, for award of the Air Force Commendation Medal, 1st Oak Leaf Cluster, for the period 14 February 1998 to 1 December 2001, vice 14 February 1998 to 3 January 2002, was accepted for file on 10 June 2002.

	It is further directed that he be provided supplemental consideration for promotion to the grade of technical sergeant for all the appropriate cycles beginning with cycle 02E6.

	If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application, that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the board for a final determination on the individual's qualification for the promotion.

	
	                                                                          Director
	                                                                          Air Force Review Boards Agency