RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02105
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  The Air Force Commendation Medal (AFCM) 4th Oak Leaf Cluster (4OLC) for the period 3 June - 11 July 2003, reflect the original approval/order date of 16 September 2003 versus the amendment date of 28 June 2004.

2.  Her AFCM be considered in the promotion process for cycle 04E7.

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APPLICANT CONTENDS THAT:

Her commander was given erroneous information in regards to the level of award that could be given for Outstanding Achievement.  After researching and discussing with the award authority, the amendment from AFAM to AFCM was done.  Due to the untimeliness of the processing of the amended AFCM with inclusive dates of 3 June 2003 to 11 July 2003 (not finalized until 28 June 2004) and because, through no fault of her own, it exceeded the 31 December PECD for the 04E7 promotion cycle and the release date, her request should be favorably considered.

In support of the appeal, applicant submits a personal statement, a copy of the letter asking applicant to withdraw her application, and a copy of her first 149 application package with the amended award package included.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of technical sergeant.

The applicant’s total promotion score for the 04E7 cycle was 325.37 and the score required for selection in her Control Air Force Specialty Code (CAFSC) was 328.07.

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AIR FORCE EVALUATION:

AFPC/DPPPWB states that this decoration does not meet the criteria for promotion credit during the 04E7 cycle because there is no conclusive evidence the amended decoration was resubmitted before the date of selections for the 04E7 cycle.  The Promotion Eligibility Cutoff Date (PECD) for this cycle was 31 December 2003.  Promotion selections were made on 17 June 2004 and the public release date was 24 June 2004.  If the applicant’s request is approved, she would become a selectee for cycle 04E7.  To approve the applicant’s request would, in DPPWB’s opinion, not be fair or equitable to many others in the same situation who also miss promotion selection by a narrow margin and are not entitled to have an “after the fact” decoration count in the promotion process.  The Enlisted Promotion Management Section at the Air Force Personnel Center disapproved the applicant’s request that the decoration be included in the promotion process for cycle 04E7.  They concur with this decision.  Therefore, they recommend denial of her request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an undated letter, post marked 18 October 2004, applicant provided statements from the chain of command and a copy of the Recommendation for Decoration message (previously submitted).

A copy of applicant’s letter, 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 an injustice.  In this respect, we note that applicant met the criteria for award of the AFCM; however, due to miscounseling and the untimeliness of the processing of the amended AFCM, through no fault of her own, it exceeded the 31 December PECD for the 04E7 promotion cycle and the release date.  In this regard, we note the evidence provided by the applicant, especially the detailed statements by the recommending and approving officials expressing their intent and detailing the miscounseling they received.  Having no reason to doubt the integrity of these senior officers and since the original award actions were completed well before the 31 December 2003 promotion eligibility cutoff date and the 17 June 2004 promotion selection date, we believe the AFCM should be considered in the promotion process for cycle 04E7, as was originally intended by her recommending and approving officials.  Therefore, we recommend her records be corrected to the extent 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 she was awarded the Air Force Commendation Medal for outstanding achievement during the period 3 June 2003 to 11 July 2003 on 15 September 2003, rather than 28 June 2004, and the award be considered in the promotion process for cycle 04E7.

It is further recommended that applicant be provided supplemental consideration for promotion to the grade of master sergeant for all appropriate cycles beginning with cycle 04E7.  

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.  

If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that applicant was promoted to the higher grade on the date of rank established by the supplemental promotion and that applicant is entitled to all pay, allowances, and benefits of such grade as of that date.

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The following members of the Board considered this application in Executive Session on 2 December 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with BC-2004-02105:

   Exhibit A.  DD Form 149, dated 17 Sep 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 28 Sep 04.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Oct 04.
   Exhibit E.  Applicant’s Response, undated, w/atchs.

AFBCMR BC-2004-02105

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 she was awarded the Air Force Commendation Medal for outstanding achievement during the period 3 June 2003 to 11 July 2003 on 15 September 2003, rather than 28 June 2004, and the award be considered in the promotion process for cycle 04E7.

	It is further directed that applicant be provided supplemental consideration for promotion to the grade of master sergeant for all appropriate cycles beginning with cycle 04E7.  

	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.  

	If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that applicant was promoted to the higher grade on the date of rank established by the supplemental promotion and that applicant is entitled to all pay, allowances, and benefits of such grade as of that date.