RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01707 INDEX CODE: 131.00
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
His Officer Selection Record (OSR) prepared for the Calendar Year 2007B (CY07B) Lieutenant Colonel Central Selection Board (CSB) be corrected to include the award of the Air Force Meritorious Service Medal (MSM), Third Oak Leaf Cluster (3OLC) for the period
10 May 2007 to 10 September 2007 and that he be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the CY07B CSB.

APPLICANT CONTENDS THAT:
His decoration was originally submitted as an Air Force Commendation Medal (AFCM) in August 2007; however, his commander decided to withdraw the AFCM and upgrade it to an MSM. Meanwhile, due to the backlog of awards, his decoration did not make it into his records for the CY07B CSB.

In support of his application, applicant provides a copy of his officer preselection brief and a copy of the MSM citation.

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

STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of major.

He was considered and not selected for promotion to the grade of lieutenant colonel by the CY06C (13 March 2006) and the CY07B (27 November 2007) CSBs.

The applicant was awarded the MSM w/3OLC on 9 January 2008 by Special Order G-6162 for service performed during the period
10 May 2007 to 27 September 2007.

AIR FORCE EVALUATION:
AFPC/DPSOO recommends denial and states that there is no reason to grant an exception to policy to include a decoration that did not exist prior to the CY07B CSB. DPSOO determined that the applicant's MSM awarded on 9 January 2008 was processed in accordance with the guidelines of AFI 36-2803, The Air Force Awards and Decorations Program, para 3.1, wherein is stated that decoration recommendations must enter into official channels within two years and be awarded within three years of the act, achievement, or service performed. Meanwhile, backdating the special order and date the citation was accepted for file in his OSR to a date prior to the CSB would be a departure from current Air Force policy and unfair to all other officers who may have been subject to similar circumstances.

AFPC/DPSOO’s complete evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
After reviewing the Air Force evaluation, the applicant states that there were unique circumstances surrounding the approval of his MSM. Had the process worked as it should, there would have been a current deployment medal with new, hard-hitting facts available for the promotion board to consider. He is not asking to change the past, but have an opportunity to meet the board the first time with all available information.

Applicant's complete response, with attachments, is at Exhibit D.

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. We note that while the MSM in question may not have been required to be on file at the time he was considered for promotion by the CY07B lieutenant colonel CSB, his rater asserts that it was his intention that the MSM be a matter of record at the time the CY07B lieutenant colonel CSB convened. Consequently, in the interest of equity and justice, the applicant should be provided consideration for promotion by an SSB with the missing award as a matter of record. Therefore,  we  recommend  that  the  records  be  corrected  as
indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the Meritorious Service Medal (third oak leaf cluster), with inclusive dates of
10 May 2007 through 10 September 2007, was approved on 1 November 2007, rather than 9 January 2008; and was accepted for file in his Officer Selection Record on 2 November 2007.

It is further directed that his record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2007B (CY07B) Lieutenant Colonel Central Selection Board.

The following members of the Board considered Docket Number BC- 2008-01707 in Executive Session on 8 October 2008, under the provisions of AFI 36-2603:

, Panel Chair, Member, Member

All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 29 Apr 08, w/atchs. Exhibit B. Letter, AFPC/DPSOO, dated 27 Jun 08.
Exhibit C. Letter, SAF/MRBR, dated 18 Jul 08.
Exhibit D. Applicant's Response, dated 8 Aug 08, w/atchs.

Panel Chair

AFBCMR

Major XXXXXXX, USAF XXXXXXX
XXXXXXX AE 09464

Your application to the Air Force Board for Correction of Military Records, AFBCMR Docket Number BC-2008-01707, has been finalized.

The Board determined that the military records should be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff United States Air Force. The office responsible for making the correction will inform you when your records have been changed.

After correction, the records will be reviewed to determine if you are entitled to any monetary benefits as a result of the correction of records. This determination is made by the Defense Finance and Accounting Service (DFAS-IN), , and involves the assembly and careful checking of finance records. It may also be necessary for the DFAS-IN to communicate directly with you to obtain additional information to ensure the proper settlement of your claim.   Because of the number and complexity of claims workload, you should expect some delay.  We assure you, however, that every effort will be made to conclude this matter at the earliest practical date.

Sincerely

Chief Examiner
Air Force Board for Correction of Military Records

Attachments:
1.	Record of Proceedings
2.	Copy of Directive
cc:	DFAS-IN

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
CASE TRANSMITTAL / COORDINATION RECORD

IN THE MATTER OF:	DOCKET NO: XXXXXXX	BC-2008-01707
TMCD: 10 DECEMBER 2008
ROUTE IN TURN	INITIALS DATE

1. CHIEF EXAMINER (Coord/Signature)

2 EXECUTIVE DIRECTOR (Coordination)

3. CHAIR
(Signature on Proceedings)

4  SAF/MRB (APPROVAL)

5.  AFBCMR (Processing)

Examiner
Air Force Board for Correction of Military Records

AFBCMR BC-2008-01707

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 the Meritorious Service Medal (third oak leaf cluster), with inclusive dates of 10 May 2007 through 10 September 2007, was approved on 1 November 2007, rather than 9 January 2008; and was accepted for file in his Officer Selection Record on 2 November 2007.

It is further directed that his record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2007B (CY07B) Lieutenant Colonel Central Selection Board.

------------------Director
Air Force Review Boards Agency