RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-04014
	INDEX CODE:  131.01, 107.00
	COUNSEL:  NONE

	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  The date of approval (Given Under My Hand) of her Meritorious Service Medal (MSM), Second Oak Leaf Cluster (2OLC) be corrected to reflect 10 Apr 08, rather than 24 Sep 08.

2.  She be given Special Selection Board (SSB) consideration for promotion to the grade of colonel for the Calendar Year 2008A (CY08A) Colonel Central Selection Board (CSB).

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APPLICANT CONTENDS THAT:

Had the corrections to the MSM, 2OLC been made in a timely manner to the next level of approval, it would have been included on her officer selection brief (OSB).  This award action was critical to show the promotion board that she departed her unit with recognition for outstanding performance, versus having a void in her promotion record.  The award narrative would have indicated to the promotion board that her performance remained outstanding even though her officer performance report was not stratified.

In support of the request, applicant provides a copy of the original MSM, 2OLC Narrative Citation, a copy of the amended MSM, 2OLC Narrative Citation, a copy of her FY08A OSB, and a Sequence of Events Outline.

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

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STATEMENT OF FACTS:

The applicant currently serves on extended active duty in the grade of lieutenant colonel.

On 12 May 08, she was considered and nonselected for promotion to colonel by the CY08A Colonel CSB.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states, in part, that the approval date for the MSM, 2OLC is 24 Sep 08, almost five months after the close-out date of the decoration.  Although approved almost five months after the inclusive period, there was no impropriety in the processing of the decoration.

The complete DPSIDEP evaluation is at Exhibit C.

AFPC/DPSOO recommends denial.  DPSOO states that based on current policy and the advisory provided by AFPC/DPPPR, they recommend denial.  

According to DPSOO, the original MSM, 2OLC was approved on 10 Apr 08.  The amended decoration was approved on 24 Sep 08, after the 12 May 08 convening board date, and cannot be filed in her Officer Selection Record (OSR) for the CY08A CSB.  AFI 36-2803, figure 3.2, note 4, states citations and special orders must be forwarded within 30 days of the date of the special order.  

The special order date, which authorizes the decoration, is the same as the “Given Under My Hand” date.  As such, the amended citation that is dated 24 Sep 08, was processed within the guidelines of the governing directive and was not due for filing in her OSR until 24 Oct 08.  

The DPSOO evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The missing MSM, 2OLC denied the promotion board access to a complete or whole record and put her at a disadvantage.  The end date of the award was incorrect and resulted in the system not processing the award in a timely manner.  The decision to correct the end date of the MSM, 2OLC resulted in a new signed under my hand date of 24 Sep 08.

The original award was signed on 10 Apr 08.  No effort was made to process the award in a timely manner.  The award was not input into the Military Personnel Data System (MILPDS) until after she personally obtained the award and provided a copy to the correct office at the Pentagon.  

Although AF/DPSOO claims the special order was not due to be filed until 24 Oct 08, the order was actually filed on 2 Dec 08.  

While the date issue is significant in so far as a triggering mechanism for the automated personnel system, very few people in this whole chain of events understood the critical importance of having the MSM, 2OLC on file for the promotion board.  By having the MSM in her promotion record, the promotion board would have seen that although she did not receive a definitely promote, the MSM, 2OLC would have projected that she continued to demonstrate outstanding performance.  

Without the MSM, 2OLC in the folder, one could draw the conclusion that her performance had slipped.  When the promotion board got down to the tough decision making on which records to select for promotion around the cut-off point, her record did not receive equal consideration because an important record of her performance was missing, and that this sudden change in performance indicators created a negative impression.  Her record was not whole and even AFPC/DPSOO recognized that in their reply on 22 Jan 09.

The applicant’s complete response, with attachment, is at Exhibit F.

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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 in regards to the applicant’s request the given Under My Hand date of her MSM, 2OLC be corrected and she be given SSB consideration.  The Board notes the applicant’s original MSM, 2OLC was approved on 10 Apr 08, and due to an administrative error was returned for correction.  In the Boards opinion, the applicant’s chain of command intended for the applicant to be recognized for her contributions to the organization by placing the MSM, 2OLC in her records prior to the board convening date, and had it not been for an administrative error the MSM, 2OLC would have been a matter of record and included in her promotion records prior to the board convening date.  While it cannot be conclusively determined whether or not the exclusion of the MSM, 2OLC or the lack of a recent end-of-tour decoration was the sole reason for the applicant’s nonselection for promotion by the Board in question, we do believe that it served to deprive her of fair and equitable consideration.  In view of the above and in order to resolve any injustice in favor of the applicant, we recommend that 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 Meritorious Service Medal (MSM), Second Oak Leaf Cluster (2OLC), for meritorious service during the period 4 Mar 06 to 29 Mar 08, on 10 Apr 08, rather than 24 Sep 08.

It is further directed that her record, to include the MSM, 2OLC, be considered for promotion to the grade of colonel by a Special Selection Board for the Calendar Year 2008A (CY08A) Colonel Central Selection Board, and for any subsequent boards for which the MSM, 2OLC, was not a matter of record.

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The following members of the Board considered Docket Number BC-2008-04014 in Executive Session on 19 May 09, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The Board voted to correct the record, as recommended.  Mr.  recused himself.  The following documentary evidence was considered:

	 Exhibit A.  DD Form 149, dated 3 Nov 08, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPPPR, dated 19 Dec 08.
	 Exhibit D.  Letter, AFPC/DPSOO, dated 22 Jan 09, w/atch.
	 Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 09.
	 Exhibit F.  Letter, Applicant, dated 27 Feb 09, w/atchs.

                                   XXXXXXXXXX
                                   Panel Chair