RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02595
		INDEX CODES:  107.00, 131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Joint Service Achievement Medal (JSAM), awarded for the period 1 Oct 02 to 30 Sep 03, be considered in the promotion process for cycle 04E6.

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APPLICANT CONTENDS THAT:

The Defense Finance and Accounting Service-San Antonio (DFAS-SA) directed that all annual award winners receive the JSAM.  The board met in Dec 03.  She was the annual award winner in the noncommissioned officer (NCO) category and the JSAM should have been in her records for the 04E6 cycle; however, it was not included because of an error in processing.

In support of her appeal, the applicant provided supportive statements and documentation pertaining to the award of the JSAM.

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

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of staff sergeant, having been promoted to that grade on 1 Dec 99.  Her Total Active Federal Military Service Date (TAFMSD) is 13 May 93.

The 2003 DFAS-SA Annual Fiscal Year Board met on 4 Dec 03, and released results concerning annual award winners on 5 Dec 03.

By Military Personnel Awards Memorandum 04-006, dated 13 Jul 04, the applicant was awarded the JSAM for the period 1 Oct 02 to 30 Sep 03.

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AIR FORCE EVALUATION:

AFPC/DPPPRA indicated that after reviewing the documentation provided in support of the applicant’s appeal, they were able to verify her entitlement to the JSAM.  However, the approval date was after the promotion eligibility cutoff date (PECD).

AFPC/DPPPWB recommending denial indicating the JSAM did not meet the criteria for promotion credit during the 04E6 cycle because the DFAS Military Personnel Awards Memorandum (04-006) date was 13 Jul 04, which was after selections for promotion to the grade of technical sergeant (E-6) were made on 17 Jun 04 for cycle 04E6.  In their view, there was no evidence the decoration was submitted before the date of selections for the 04E6 cycle.  They are acutely aware of the impact their recommendation has on the applicant’s career.  However, they believe to approve the applicant’s request would not be fair or equitable to many others in the same situation who miss promotion selection by a narrow margin and are not entitled to have an “after the fact” decoration count in the promotion process.

A complete copy of the AFPC/DPPPRA and AFPC/DPPPWB evaluations is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response indicating that when she approached her management personnel regarding the JSAM, she was assured they were working on the medal.  She had no reason to doubt them and felt confident it was being done.  She believes it was her superiors’ intent to have her receive the decoration prior to the PECD.  They have recognized the mishap and have tried to rectify the problem.  However, she does not believe they have accepted full responsibility for the delay in processing the JSAM.  She requests that the Board favorably consider her appeal, as she does not want to be penalized for something that was beyond her control.

Applicant’s complete response is at Exhibit D.

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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 note the applicant was awarded the JSAM for the period 1 Oct 02 to 30 Sep 03 after being a DFAS-SA annual award winner.  The close-out date of the decoration was before the PECD of 31 Dec 03.  However, the decoration was not awarded to the applicant until selections for promotion to technical sergeant for cycle 04E6 were made on 17 Jun 04.  After a thorough review of the evidence presented, we are persuaded the delay in the processing of the JSAM was through no fault of the applicant, and to avoid the possibility of an injustice, we believe the award should be considered in the promotion process for cycle 04E6.  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, to include the Joint Service Medal (JSAM) awarded for the period 1 Oct 02 to 30 Sep 03, be provided supplemental consideration for promotion to the grade of technical sergeant for all the appropriate cycles beginning with cycle 04E6, as an exception to policy.

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 AFBCMR Docket Number BC-2004-02595 in Executive Session on 16 Dec 04 and 10 Feb 05, 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 17 Aug 04, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPR, dated 29 Oct 04.
     Exhibit C.  Letter, SAF/MRBR, dated 5 Nov 04.
     Exhibit D.  Letter, applicant, dated 1 Dec 04.

AFBCMR BC-2004-02595

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 , to include the Joint Service Achievement Medal (JSAM) awarded for the period 1 Oct 02 to 30 Sep 03, be provided supplemental consideration for promotion to the grade of technical sergeant for all the appropriate cycles beginning with cycle 04E6, as an exception to policy.

	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.