RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00519
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The Air Force Commendation Medal, First Oak Leaf Cluster (AFCM, 1 OLC), he was awarded for the period 6 July 2000 to 20 October 2001, be upgraded to the Meritorious Service Medal.

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THE APPLICANT CONTENDS THAT:

The downgrading of his end-of-tour decoration was based on erroneous information and his commander was not given the opportunity to correct this misinformation prior to processing the award.  Although he was the most senior member of the medical staff and served as acting flight commander, he was the only officer from the Flight who was submitted for an MSM, who did not receive the award.  Despite the fact the erroneous information was corrected and the decoration resubmitted, the wing commander refused to upgrade the decoration.

In support of the appeal, applicant submits his personal statement, copies of the orders and certificate/citation to accompany the award of the AFCM, 1 OLC, and emails regarding the processing of the decoration.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of major.

A Recommendation for Decoration Printout (RDP) was prepared on 21 August 2001, for the purpose of recommending him for an end-of-tour decoration.

On 24 September 2001, he was awarded the AFCM, 1 OLC, for meritorious service during the period 6 July 2000 to 30 October 2001.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the AFBCMR evaluate the application on its merits and render a decision.  The final approval authority downgraded the original recommendation and when asked to reconsider, denied the request for upgrade.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 2 April 2004 for review and response within 30 days.  However, 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 either an error or an injustice warranting approval of the applicant’s request.  In this respect, we note the wing commander downgraded the applicant’s recommendation for the MSM to the AFCM based on three reasons as stated in his e-mail of October 4, 2001.  Specifically, the applicant had no previous medals, XXXX was his first real assignment and that the Flight chief here  probably won’t get an MSM.  However, upon being apprised that he relied on incorrect information, the wing commander still refused to change his recommendation without comment.  We also note the unusual advisory opinion rendered by the Air Force.  Instead of recommending approval or disapproval, it recommends we evaluate this case on its merits and render a decision.  Since the wing commander had discretionary authority to downgrade applicant’s recommendation, we would not normally be inclined to question his judgment.  However, given the totality of the evidence submitted, we believe the applicant has established by a preponderance of the evidence that the wing commander’s decision to downgrade his recommendation for the MSM was arbitrary and, as such, constitutes an injustice that cries out loud to be corrected.
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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 on 24 September 2001, he was awarded the Meritorious Service Medal, rather than the Air Force Commendation Medal, First Oak Leaf Cluster, for meritorious service during the period 6 July 2000 to 30 October 2001.

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The following members of the Board considered Docket Number BC-2004-00519 in Executive Session on 8 July 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 9 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 25 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.

                                   Panel Chair

AFBCMR BC-2004-00519

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 XXXXXXX, XXXXXXX, be corrected to show that on 24 September 2001, he was awarded the Meritorious Service Medal, rather than the Air Force Commendation Medal, First Oak Leaf Cluster, for meritorious service during the period 6 July 2000 to 30 October 2001.

                                                                            Director
                                                                            Air Force Review Boards Agency