RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-02764
                             INDEX CODE:  111.01
XXXXXXX                      COUNSEL:  NONE
	                           HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His Air Force Commendation Medal, (AFCM) first oak leaf cluster (1OLC) be upgraded to a Meritorious Service Medal (MSM).

2.  The award date be changed to coincide with his permanent change of station (PCS) date of June 2000 versus December 2006.

3.  He be considered by a Special Selection Board (SSB) for promotion to lieutenant colonel by the Fiscal Year 2006C, (FY06C) Lieutenant Colonel Central Selection Board.

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APPLICANT CONTENDS THAT:

The AFCM was issued one week after the promotion board and was not included in his records.  His counselor indicated this was more than likely the reason for his nonselection. His previous unit commander wrote a letter stating an MSM was submitted.  When he noticed it was missing in 2007, he tried extensively to get it corrected.  His wing commander supports the award of the AFCM but not the MSM.

In support of his request, the applicant provided a letter from his former commander, a copy of the approved AFCM, his MSM nomination and email communiqués.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular Air Force on 3 April 1992 and was progressively promoted to the grade of major effective and with a date of rank of 1 October 2002.

The applicant has one nonselection to the grade of lieutenant colonel by the FY06C selection board. 

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial. DPSIDR states the applicant's previous commander indicated he nominated the applicant for award of the MSM; however, no record of the MSM recommendation was located.  The decoration package was lost and resubmitted through the approval authority who awarded the AFCM 1OLC for meritorious service from 3 October 1997 to 7 June 2000.  The citation was signed by the approval authority on 6 December 2006.  Based on the approval authority's decision to award the AFCM, DPSIDR recommends denial of his request for upgrade to the MSM. 

The complete DPSIDR evaluation is at Exhibit C.

AFPC/DPSOO recommends denial. DPSOO states their evaluation of the request to upgrade his award requires them to rely on the opinion of other Air Force experts.  As such, DPSOO reviewed the advisory provided by DPSIDR and based on their findings, recommend his request for SSB consideration with an approved MSM included in his selection record be denied. In addition, since the order for the AFCM was published on 8 December 2006, the citation could not have been filed in his selection record nor reflected in the official personnel data systems when the board convened.  DPSOO believes the applicant did exercise due diligence in trying to get his decoration approved prior to the convening of the board. Therefore, DPSOO recommends the special order dated (8 December 2006), the given under my hand date (6 December 2006) and file date in the citation be adjusted to a date prior to the P0506C board, and that the decoration be updated on his P0506C Officer Selection Brief (OSB).

The complete DPSOO evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 26 October 2007 for review and response.  As of this date, no response has been received by this office (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 warranting partial correction.  In this respect, as noted by AFPC/DPSOO, it appears the applicant made every reasonable effort to ensure the contested decoration was completed and made available for consideration by selection board members prior to convening of the board.  But due to circumstances beyond his control, he was unable to do so.  Therefore, we agree with their recommendation that his records should be corrected to show that the AFCM (1OLC) was accepted for file prior to the convening of the board and that he receive SSB consideration.  However, we are not persuaded by his contentions that the decision of the approval official to award him the AFCM rather than the MSM was improper or unjust.  In cases of this nature, we are not inclined to usurp the judgments of commanding officers absent clear evidence of an error or abuse of discretional authority.  We have no such showing here. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend upgrading his AFCM to an MSM and recommend that his records be corrected only 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:

	a.  The citation for award of the Air Force Commendation Medal, First Oak Leaf Cluster, awarded for the period of 3 October 1997 to 7 June 2000, was signed by the approval authority on 26 November 2006, rather than 6 December 2006.

	b.  Special order GA-054 dated 8 December 2006, was issued on 26 November 2006, rather than 8 December 2006.

	c.  The Air Force Commendation Medal, First Oak Leaf Cluster, was accepted for file in his Officer Selection Record on 27 November 2006.

It is further recommended that the corrected record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2006C (P0506C) Lieutenant Colonel Central Selection Board.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02764 in Executive Session on 3 January 2008 under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-02764 was considered:

    Exhibit A.  DD Form 149, dated 27 August 2007, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 25 September 2007.
    Exhibit C.  Letter, AFPC/DPSOO, dated 17 October 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 26 October 2007.