RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-02754 COUNSEL:
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
The “Under My Hand” date of his Bronze Star Medal (BSM) be changed and he be granted a Special Selection Board (SSB) to reconsider his promotion to lieutenant colonel (O-5).

APPLICANT CONTENDS THAT:
Omission of the BSM from his military record significantly contributed to his non-selection for promotion to lieutenant colonel (O-5).  Multiple administrative errors, mismanagement, and a dispute regarding the approval process for Army medals awarded to Air Force members caused a significant delay in the approval of his BSM. He displayed due diligence by repeatedly following up with his former deployed unit and stressing the critical nature of the timing of its approval. Because of the delay in approving his BSM, material evidence of his performance during a year-long deployment was not accurately conveyed to the lieutenant colonel Central Selection Board (CSB). Further, the accomplishments recorded in his BSM narrative were not captured in any other document in his personnel record; therefore, the BSM is critical to CSB’s assessment of his military record and should have been available at the time the CSB convened. It was through no fault of his own the BSM was delayed.

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

STATEMENT OF FACTS:
At the time of submission to the AFBCMR, the applicant was serving as a member of the Regular Air Force in the grade of major (O-4).

On 28 Dec 13, according to DA Form 638, Recommendation for Award, provided by the applicant, the applicant’s chain of command initiated the recommendation for his BSM.

On 3 Mar 14, the CY14A P0514A lieutenant colonel central selection board convened. The applicant was not selected for promotion to lieutenant colonel by this board.

On 28 Mar 14, the applicant was awarded the BSM, for the period of performance from 14 Oct 12 to 14 Oct 13. The applicant provided the Award Certificate and DA Form 638, Recommendation for Award.

On 5 Apr 14, according to DA Form 638, as provided by the applicant, competent authority approved the BSM recommendation.

On 30 Nov 15, the applicant is scheduled to be relieved and retired, effective 1 Dec 15.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force and Army offices of primary responsibility (OPR), which are attached at Exhibits C, D and F.

AIR FORCE EVALUATION:
AFPC/DPSID recommends to grant relief, indicating there is evidence of an error or an injustice with regards to the award date of the applicant’s BSM. The applicant was awarded the BSM per Headquarters United States Forces-Afghanistan Permanent Order 087-101, from the United States Army, for meritorious service from
14 Oct 12 to 14 Oct 13 and a Given Under My Hand date of [sic]
28 Mar 13 (28 Mar 14). From the evidence presented, the applicant exhausted all administrative options to remedy a situation beyond his control. It is recommended the Board approve changing the Given Under Hand date for the applicant’s BSM and provide a date prior to 28 Jan 14 so the applicant’s record may be corrected.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPSOO recommends to grant relief, indicating there is evidence of an error or an injustice with regards to the applicant’s request for consideration for a Special Selection Board (SSB). The applicant has one non-selection to the grade of lieutenant colonel by the CYI4A (3 Mar 14) P05l41 lieutenant colonel CSB. This office reviewed the findings from AFPC/DPSID and concur with their recommendation to change the Given Under Hand date on the BSM citation to a date prior to 28 Jan 14. It is also recommend the corrected citation be filed in the applicant’s Officer Selection Record (OSR) and updated on his Officer Selection Brief (OSB) and that he be granted SSB consideration by the P0514A Lieutenant Colonel CSB.

A complete copy of the AFPC/DPSOO evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Through	counsel,	he	has	reviewed	the	advisory	opinions	and	is satisfied with their recommendations, and offers no comments.

ADDITIONAL EVALUATION:
Army Human Resources Command (HRC) recommends denial indicating insufficient relevant evidence to substantiate an error or an injustice occurred. Army Regulation 600-8-22, Military Awards, states all awards "should" be approved or disapproved within command channels within 60 days of initiation. The applicant’s award was entered into the administrative award approval channels in accordance with AR 600-8-22 and approved. The award was processed administratively correct by USFOR-A and was sent to AFPC for concurrence. Army policy also states no individual is automatically entitled to an award upon departure from  the command. Further, Army policy does not allow for the backdating of an order for its decorations. An order is issued effective the date of approval, including any decorations that may have been upgraded from a previously approved decoration. Nevertheless, after the confusion with the processing procedures, the Air Force concurred on 17 Apr 14. As presented, the award is administratively correct. The Service Policies on concurrences should not be considered an administrative error or mismanagement.

APPLICANT'S REVIEW OF THE ADDITIONAL ARMY EVALUATION:
The applicant is not contesting the Army’s policy on back dating awards and processing times. Rather, as he successfully demonstrated to the AFPC awards experts (as evidenced in a recommendation from AFPC to grant his request) the delay in the award approval was due to administrative errors and mismanagement that ultimately led to the failure to include the BSM award in his records in time for promotion. As mentioned in the Army’s own email correspondence, he is not the first Airman this  has affected. It’s very unfortunate that after 15+ years of warfare in Afghanistan we (USAF & Army) have not figured out how to process awards without administrative errors and mismanagement. His family and career have been affected by this concrete example of inter-service squabbling, which is only further confirmed in reading the OPCON/NATO back-and-forth in the disjointed email correspondence that was provided to him, along with the official Army decision that doesn’t address any of the issues he spelled out in his DD Form 149. As the Army does not hold jurisdiction over his medal, he requests the AFBCMR concur with the AF advisory opinion in the 20 Feb 15 memo, which recommends “that the citation be filled in the applicants OSR and updated on OSB, and that he be granted SSB consideration by the P0514A Lieutenant Colonel CSB.”

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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case, including his rebuttal response, and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an injustice. The applicant sufficiently documented the facts in his case and the delays were beyond his control. Specifically, the Board was convinced a change in personnel, and a slow-to-resolve debate over the award approval process between the services, resulted in an unreasonable delay of his BSM approval. The applicant actively sought to obtain information and to motivate Air Force officials to take action; however, he was unsuccessful on his own. The Board believes there is no question a BSM could very well make a difference at a promotion board. Therefore, the applicant was harmed by the injustice that occurred with respect to the protracted processing of his award. We do not know that he will be promoted, but he should have an opportunity to have his record reviewed by an SSB. Although we recommend the applicant's records be corrected as indicated below, we understand that the recommended correction affects a record that is derivative of a record the AFBCMR lacks authority to correct, the Army Bronze Star. Therefore, this correction is only intended to affect records regarding military matters within the Department of the Air Force and is not intended to impact records of the Department of the Army.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that

a.	The Given Under My Hand Date on all Air Force records of his Bronze Star Medal for the period of performance 14 Oct 12 to
14 Oct 13, be changed to 27 Jan 14, rather than 28 Mar 14.
b.	He be granted Special Selection Board (SSB) consideration by the P0514A Lieutenant Colonel Central Selection Board (CSB) with inclusion of the corrected Air Force record copy of the medal.

The following members of the Board considered AFBCMR Docket Number BC-2014-02754 in Executive Session on 13 Nov 15, 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 14 Jul 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSIDR, dated 1 Feb 15. Exhibit D.	Memorandum, AFPC/DPSOO, dated 20 Feb 15. Exhibit E.	Letter, SAF/MRBR, dated 4 May 15.
Exhibit F.	Letter, Applicant, dated 21 May 15.
Exhibit G.	Memorandum, US Army HRC, received 8 Oct 15. Exhibit H.	Letter, SAF/MRBR, dated 29 Oct 15.
Exhibit I.	Letter, Applicant, dated 10 Nov 15.