RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02171
		INDEX NUMBER:  131.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

The Air Medal he was awarded for the period 17 Feb 02 to 17 Mar 02 be included in his Officer Selection Record (OSR) for the Calendar Year 2002B (CY02B) (12 Nov 02) Lieutenant Colonel Central Promotion Selection Board.

He be considered for promotion to the grade of lieutenant colonel by special selection board (SSB) for the CY02B Lieutenant Colonel Central Promotion Selection Board with the corrected record.

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APPLICANT CONTENDS THAT:

He earned an Air Medal in the spring of 2002, but the paperwork to award him the medal got lost in the approval process.  He was not advised that the paperwork was lost in time to get it resubmitted and approved before his promotion board.  His award was just approved and as it is his first Air Medal, he believes it would have made a difference in the results of the promotion board.

In support of his appeal, applicant provides a copy of his medal and a letter of support from his squadron commander.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of major.  He has two nonselections for promotion to the grade of lieutenant colonel by the CY02B (12 Nov 02) and CY03A (8 Jul 03) Lieutenant Colonel Central Selection Boards.  His Officer Selection Brief for the CY02B Lieutenant Colonel Selection Board reflects he has one award of the Meritorious Service Medal, two awards of the Air Force Commendation Medal, and one Achievement Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of the applicant’s request.  The Air Medal the applicant states was missing from his OSR for the CY02B promotion board was awarded over one year after the board convened.  However, the award was processed within the guidelines of AFI 36-2803, which states that decoration recommendations are entered into official channels within two years and awarded within three years of the act, achievement, or service performed.  Since the order for the applicant’s Air Medal was published on  20 Mar 04, it could not have been filed in his OSR nor reflected in any of the official personnel data systems when the board convened.  If the applicant was aware of his nomination for the Air Medal, for the period 17 Feb 02 to 17 Mar 02, he could have written a letter to the board informing them of this fact.  They verified the applicant did not elect to do so.

The complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force advisory, applicant notes that although his decoration was processed within the timelines indicated in AFI 36-2803, his decoration was processed well after 20 plus other awards had been approved for members of his crew.  The reason for this is his award was lost and had to be entirely resubmitted.  This resulted in the orders awarding him the Air Medal being published after the date his promotion board convened.  Applicant also explains he did not write a letter to the promotion board because he did not become aware his nomination for the Air Medal was not in the works until too late to get it done or to write a letter to the board.  Applicant notes this is his first award of the Air Medal and states it does not stand to reason his chance at promotion should be stymied by someone else’s careless mistake.  In further support of his appeal, applicant attaches a copy of a special order, dated before his promotion board, awarding three members of his crew the Air Medal for the same timeframe of his medal.

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

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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.  The Board was persuaded by the support provided by the applicant’s rating chain indicating the recommendation for the applicant’s basic award of the Air Medal was originally placed into channels timely enough to be approved for inclusion in his Officer Selection Record (OSR) for the CY02B Lieutenant Colonel Central Promotion Selection Board.  While we cannot state with certainty the decoration would have made a difference in the results of the promotion board, we believe any doubt should be resolved by including it in the applicant’s OSR for consideration by the promotion board.  We note AFPC/DPPPO’s observation that the applicant’s medal was processed within the timeframe allowed in AFI 36-2803.  However, we believe this misses the central point; i.e., the award was originally submitted in time to be in the applicant’s OSR for the CY02B promotion board and was lost through no fault of the applicant.  We believe to deny the applicant’s request under these circumstances would constitute an injustice.  This view is bolstered by the fact that similar awards for approximately 20 other individuals during the same timeframe were processed and awarded prior to the date of the CY02B promotion board.  Therefore, we recommend the applicant’s records be corrected as 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 on 29 Aug 02, he was awarded the Air Medal (Basic) for the period 17 Feb 02 to   17 Mar 02, rather than the Air Medal (First Oak Leaf Cluster) awarded on 20 Mar 04 by special order G-1178; and that it was accepted for file in his Officer Selection Record on 1 Oct 02.

It is further recommended he be considered for promotion to the grade of lieutenant colonel by Special Selection Board with the corrected record beginning with the CY02B Lieutenant Colonel Central Promotion Board.

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The following members of the Board considered Docket Number BC-2004-02171 in Executive Session on 19 October 2004, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 28 Jun 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 31 Aug 04,
                 w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.
     Exhibit E.  Letter, Applicant, dated 24 Sep 04, w/atchs.

AFBCMR BC-2004-02171

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 on 29 Aug 02, he was awarded the Air Medal (Basic) for the period 17 Feb 02 to 17 Mar 02, rather than the Air Medal (First Oak Leaf Cluster) awarded on 20 Mar 04 by special order G-1178; and that it was accepted for file in his Officer Selection Record on 1 Oct 02.

	It is further directed he be considered for promotion to the grade of lieutenant colonel by Special Selection Board with the corrected record beginning with the CY02B Lieutenant Colonel Central Promotion Board.