RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02183

  			COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The “Given Under My Hand” date of 21 January 2015 on his Bronze Star Medal (BSM) for the period 23 June 2006 to 31 January 2007, be amended to reflect 31 January 2007.

Permanent Order 021-12, be changed from 21 January 2015 to 31 January 2007. 

In the alternative, the “Given Under My Hand” date and Permanent Order date of 21 January 2015 be masked in his record.  

He be considered for promotion to the grade of Lieutenant Colonel (Lt Col) by a Special Selection Board (SSB) for Calendar Year 2014A (CY14A) (3 March 2014) (P0514A) – administratively corrected.

APPLICANT CONTENDS THAT:

The CY14A Lieutenant Colonel Central Selection Board (CSB) considered his record with a now revoked MSM.  Due to an erroneous downgrade the promotion board was not in a position to properly evaluate his meritorious service in Afghanistan as having occurred while engaged in ground combat against an enemy of the United States and exposed to extreme danger, but rather as occurring in a noncombat support role.  

The “Given Under My Hand” and Permanent Order dates on the BSM prevent him from seeking supplemental promotion consideration with the BSM included due to the dates occurring after the P0514A selection board convened.  His promotion potential should be evaluated based on his performance that occurred prior to the board regardless of when that performance was formally recognized.  

The BSM was awarded after the U.S. Army reconsidered the downgrade of the original recommendation placed in official channels on 10 December 2006.  He identified the downgrade error on 16 April 2014 while conducting an Air Staff review and submitted a request for amendment to U.S. Anny Human Resources Command; however, he was denied due to current Army policy not allowing for backdating of orders for decorations.  In addition, this request supports two evaluation appeals currently awaiting adjudication.  He is seeking to have his Promotion Recommendation Form (PRF) for the PO514A board be replaced due to the addition of substantive positive information to his record of performance.  He has also appealed his 2007 OPR as it contains a bullet referencing the award of the now revoked MSM.  

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

STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air Force on 14 February 2000. 

The applicant provided the Evaluation Reports Appeal Board (ERAB) with a substitute PRF and requested his PRF for the P0514A promotion board be voided and replaced with the substituted PRF.  The ERAB approved the applicant’s request and he was subsequently granted an SSB by the CY14A P0514A Lieutenant Colonel CSB.  The applicant was non-selected for promotion.

According to the 53rd Wing/CC memorandum, dated 11 June 2015, the applicant was consider for promotion by the CY15A Lieutenant Colonel CSB, but was not selected.

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, effective 30 November 2015, he was separated from active duty with a narrative reason of separation of “early retirement,” and was credited with 15 years, 9 months, and 17 days of active service.

Special Orders No. AC – 007995, dated 24 July 2015, reflects the applicant retired effective 1 December 2015 in the grade of Major.

The Automated Records Management Systems reflects that the applicant’s OPR with a closeout date of 15 December 2007, was replaced with a new OPR that includes comments relative to the award of a BSM during subject rating period.

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

AIR FORCE EVALUATION:

AFPC/DPSID recommends denying the applicant’s request to change the BSM Given Under My Hand Date and Department of the Army United States Army Human Resources Command Permanent Order 021-12 date.  They also recommend denying his request to mask the 21 January 2015 date.  The decoration was awarded by the Department of the Army who has advised the applicant Army policy does not permit backdating orders of decorations.  

By way of background, the applicant was awarded the MSM per United States Army Human Resources Command Permanent Order 014-023, dated 22 January 2007, for meritorious service from 23 June 2006 to 31 January 2007 which was revoked and upgraded to the BSM per United States Army Human Resources Command Permanent Order 021-12, dated 21 January 2015.

After a thorough review of the applicant's official military personnel record, DPSID was unable to verify changing of the BSM Given Under My Hand date or date of Permanent Order 021-12 to reflect as 31 January 2007 as the applicant requests.  The applicant appealed to the original award approval authority to have the Given Under My Hand date and date of Permanent Order G-021-12 changed to reflect as 31 January 2007.  However, according to an undated memorandum from the United States Army Human Resources Command with subject Request for Correction of the BSM, the applicant's request was denied.  The original award approval authority stated in their denial “The current Army policy does not allow for backdating of orders for decorations.  An order is issued effective the date of the approval, including any decorations that may have been upgraded from a previously approved decoration.”

A complete copy of the AFPC/DPSID evaluation is at Exhibit B.

AFPC/DP2SP recommends denying the applicant’s request for SSB consideration.  According to AFPC/DPSID, they reviewed the applicant's military record and were unable to verify changing the BSM Given Under My Hand date or date on the corresponding permanent order.  Additionally, DPSID states the applicant appealed to the original approval authority to have the Given Under My Hand date and date of permanent order changed to 31 January 2007 (or 22 January 2007); however, according to an undated memorandum from the US Army Human Resources Command, his request was denied.  The original award  appeal authority stated that current Army policy does not allow for backdating of order for decorations-an order is issued effective the date of the approval, including any decorations that may have been upgraded from a previously approved decoration.

The applicant has two non-selections to the grade of lieutenant colonel by the CY14A (3 March 2014) (P0514A) and CY15A (2 March 2015) (P0515A) Lieutenant Colonel Central Selection Boards (CSBs).  

A complete copy of the AFPC/DP2SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submits a copy of his 15 December 2007 OPR, dated 18 April 2008, which was placed into his record and was approved by the ERAB to meet the 11 January 2016 SSB for the P0514A and P0515A CSBs.  Without approval from the Air Force Board for Corrections of Military Records (AFBCMR) to correct or mask the “Given Under My Hand Date” and date on the permanent order, his record will meet the SSBs with this OPR reference to the BSM in his record, but without the supporting medal citation, which may adversely impact the review of his record of performance.

The applicant’s complete submission, with attachment, is at Exhibit E.

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.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we believe the applicant is the victim of an injustice.  We note the Air Force OPRs recommends denial because Army policy does not allow backdating decorations.  However, we believe the applicant has suffered an injustice as the applicant’s meritorious service occurred during the period of 23 June 2006 to 31 January 2007 not in 2015.  This fact is substantiated by the replacement of the applicant’s 2007 OPR which alludes to his award of the BSM.  While it cannot be conclusively determined whether or not the absence of his BSM was the sole reason for the applicant's nonselection for promotion by the board in question, we do believe that it served to deprive him of fair and equitable consideration.  Therefore, we recommend his corrected record be considered by a Special Selection Board for the CY14A Lt Col CSB.  Additionally, we understand that the recommended correction affects a record that is derivative of a record the AFBCMR lacks authority to correct.  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.  As such, the United States Army Resources Command Permanent Order 021-12 will not be changed as requested by the applicant.  Therefore, we recommend the applicant’s record be corrected as indicated below.

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 Bronze Star Medal with the inclusive dates of 23 June 2006 to 31 January 2007 was approved on 22 January 2007 rather than 21 January 2015 and accepted for file in his Officer Selection Record.

	b. His Officer Selection Brief prepared for the Calendar Year 2014A Lieutenant Colonel Central Selection Board be corrected to add the Bronze Star Medal and remove one Meritorious Service Medal.

	c. It is further directed that the corrected record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board for the Calendar Year 2014A (P0514A) Lieutenant Colonel Central Selection Board.

The following members of the Board considered AFBCMR Docket Number BC-2015-02183 in Executive Session on 11 February 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 May 15, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPSID, dated 6 Oct 15.
	Exhibit C.  Memorandum, AFPC/DP2SP, dated 5 Nov 15,
                 w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Nov 15.
	Exhibit E.  Letter, Applicant’s Rebuttal, undated.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.