RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02181
		INDEX CODE:  131.01, 107.00
	 	COUNSEL:   

	 	HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  2 MAY 2007

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APPLICANT REQUESTS THAT:

1.  His records be reconsidered for a Definitely Promote “DP” recommendation by the Calendar Year 2001B (CY01B) Air Force Student Management Level Review (MLR) that was held on 25 September 2001.

2.  He be given Special Selection Board (SSB) consideration by the CY01B Colonel Central Selection Board (CSB) with inclusion of his Distinguished Flying Cross (DFC) First Oak Leaf Cluster (1OLC), Air Medals (AMs) (Basic and First (1OLC), and his Meritorious Service Medal (3OLC) in his Officer Selection Record (OSR).

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APPLICANT CONTENDS THAT:

Through no fault of his own, essential documentation was absent from his OSR.  He believes the absence of this information prejudiced his consideration for promotion to the grade of colonel.

In support of his request, the applicant submitted a personal statement through his attorney, a list of his authorized military ribbons, seven letters of support stating his efforts to correct his records, a series of emails, a letter of support from a member of the promotion board, and excerpts from his military records.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of lieutenant colonel.  Applicant was considered and not selected for promotion to the grade of colonel by the CY01B, CY02B, and the CY03B Colonel Central Selection Boards.

On 25 October 2004, the applicant’s OSR was reviewed by a Supplemental Management Level Review (SMLR) and recommended to retain the “Promote” recommendation.

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AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE states the decorations that were missing from the Duty Qualification History Brief (DQHB) were the DFC 1OLC and two MSMs.  The applicant’s DQHB was corrected, a supplemental MLR was conducted and the PRF recommendation did not change.  DPPPD also states the MSM citation for the applicant’s Egypt tour was missing from his records at the time of the MLR, but it was reflected on his DQHB.  According to DPPPE, MLRs do not review the actual citation but the total numbers of decorations are reflected on the DQHB.

DPPPE states that based on the approval date of the decorations, a supplemental MLR should not have been convened as they were not authorized to be on the DQHB.

DPPPO recommends denial.  DPPPO states although the close out date of the DFC 1OLC is 20 February 1991, and the MSM 3OLC is 4 December 1998, these decorations were awarded on 26 September 2002 and 18 September 2002, respectively--over one year after the CY01B board convened.  

DPPPO states in accordance with published guidance, the decoration award authority announces its final decision when approving an award by publishing special orders.  These orders serve as the source document for updating the decorations in the Military Personnel Data System.  Since the orders were published after the board convening date, the citations would not have been filed in his record nor reflected in any personnel data system prior to CY01B board convening.  As such, these decorations were not authorized to be reflected on the DQHB that met the supplemental MLR and are not authorized to be reflected on his CY01B OSB.

The DPPPE and DPPPO complete evaluations are at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant, through his attorney states he requested Air Force personnel fix major mistakes in his promotion folder.  He believes the system’s failure to do so eventually snowballed into denying him a fair and equal chance at promotion.  His records have finally been updated, and he submitted his case for reconsideration for promotion to Colonel.  However, the advisory still does not concede error.  The advisory keys on the issue of time of his original board and therefore illogically seeks to deny redress.

He states the advisory asserts that having awards and decorations incorrectly posted in his records at the primary selection board did not harm his promotion opportunity.  He believes that is incongruous.  The former USAF Chief of Staff personally asked him if there was any information such as medals or OPRs missing from his promotion file.  The XXXXXXX commented that, “Promotions to colonel are so tight that often it is the missing or distractive element that boards can only use to discriminate.”  The current promotion board secretary emphasized that at the field grade level any omission from the records sends an undeniable negative signal to the board.

He states the Air Force awarded him two DFC (Basic) awards in 1992 and later claimed that one of the DFCs had not been awarded until after his colonel selection board.  Erroneous information was posted into his records.  He was awarded an AM (Basic) after he had already been awarded an AM w/2 OLC.  The Air Force failed to post a MSM w/2 OLC to his records.  Subsequently, he was not awarded a MSM until four years after he completed the tour for which the medal was awarded.  

He believes all of these factors created a record, which could easily appear undistinguished to the promotion board.

The applicant’s complete response, with attachments, 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 to warrant providing the applicant SSB consideration for the CY01B board, with the citations to accompany award of the AMs (Basic and 1OLC) and the MSM 2OLC, filed in his records.  The Board notes that although these decorations were correctly listed on the applicant’s OSB the citations were missing from his OSR.  While it cannot be conclusively determined whether or not the absence of these citations were the sole reasons for his nonselection for promotion by the CY01B board, we do believe that it served to deprive him of fair and equitable consideration.  In view of the above, and in order to resolve any injustice to the applicant, we recommend that his records be corrected to the extent indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the remainder of applicant’s request.  In this respect, we note the following:

	a.	We find no basis to recommend that applicant’s records be reconsidered for a DP recommendation by the CY01B MLR.  Although the DFC 1OLC and two MSMs were originally missing from his DHQB, the DHQB was subsequently corrected to include them, and a supplemental MLR was conducted, resulting in no change to his PRF recommendation.  Although the applicant contends the MSM citation for his Egypt tour was missing from his records, MLRs do not review the actual citation but the total number of decorations listed on the DHQB.  In view of the above, and since the correct number of decorations were reflected on his DHQB, we find no basis to direct that his record meet another supplemental MLR.

	b.	The special orders awarding the DFC 1OLC and MSM 3OLC were published after the CY01B board convened.  Further, they were not required to be filed in his records until 60 days after the orders were published.  Since the decorations did not exist at the time of the CY01B board, we find no basis to have them considered by an SSB for this board.  USCENTAF Special Order G-XXX, dated 15 June 1991, awarded the applicant the DFC (Basic) for extraordinary achievement while participating in aerial flight on 20 February 1991, near Al Subiyan.  USCENTAF Special Order GA-XXX, dated 26 September 2002, awarded the applicant the DFC 1OLC for heroism while participating in aerial flight on 20 February 1991, near the Latifiya Rocket Propellant Plant.  Counsel contends the DFC awarded for the Latifiya mission was originally awarded on 15 June 1991 per Special Order G-024, and that rather than amending Special Order G-XXX, the DFC was “re-awarded” in 2002.  We disagree.  As indicated on Special Order G-XXX and the accompanying citation, the DFC for the Al Subiyan mission was awarded for extraordinary achievement; whereas, the DFC 1OLC awarded for the Latifiya mission was awarded for heroism, as indicated in the accompanying citation and Special Order GA-XXX.  We have thoroughly reviewed the evidence of record and the documentation provided by applicant and find no evidence the applicant was awarded the DFC 1OLC prior to the CY01B board.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend favorable consideration of this portion of the application.

5.  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.

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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:

	a.	The citation to accompany the award of the Air Medal (Basic) for the period 3 January 1997 to 23 February 1997, was accepted for file in his Officer Selection Record (OSR) on or before 31 October 2001.

	b.	The citation to accompany the award of the Air Medal, First Oak leaf Cluster, for the period 7 February 1991 to 27 February 1991, was accepted for file in his OSR on or before 31 October 2001.

	c.	The citation to accompany the award of the Meritorious Service Medal, Second Oak Leaf Cluster, for the period 5 December 1998 to 21 June 2001, was accepted for file in his OSR on or before 31 October 2001.

It is further recommended that his record, to include the above referenced citations, be considered for promotion to the grade of colonel by a Special Selection Board for the Calendar Year 2001B Colonel Central Selection Board and any subsequent boards in which the above referenced citations were not a matter of record.

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The following members of the Board considered Docket Number BC-2004-02181 in Executive Session on 8 February 2006, under the provisions of AFI 36-2603:

All members voted to correct the record, 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.	Letter, AFPC/DPPPE/DPPPO, dated 6 Jan 05.
	Exhibit D.	Letter, SAF/MRBR, dated 14 Jan 05.
	Exhibit E.	Letter, Applicant, dated 23 Nov 05, w/atchs.

                                  

 MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
			CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXX XXXXXX, XXX-XX-XXXX, Docket No:  BC-2004-02181

	I have carefully considered all of the circumstances of this case and do not agree with the panel’s recommendation to deny the applicant’s request for Special Selection Board (SSB) consideration with the Distinguished Flying Cross, First Oak Leaf Cluster (DFC, 1 OLC) a matter of record.

	Although the panel has recommended the applicant’s records, to include two Air Medals (AMs) and a Meritorious Service Medal (MSM), be considered by an SSB for the CY01B board, they do not recommend the DFC, 1 OLC, be placed in his OSR because the special orders awarding the decoration were not published until after the CY01B board convened.  However, I believe the applicant is being unfairly punished for the untimely processing of this award.  I note that in 2002, over 10 ½ years after his act of heroism on 20 February 1991 near the Latifiya Rocket Propellant Plant, the applicant was finally awarded the subject award.  Had this award been timely processed, it would have been a matter of record during the CY01B board as was the DFC awarded on 15 June 1991, for his extraordinary achievement on 20 February 1991, near Al Subiyan.

	In view of the above, and based on the totality of the evidence presented, I believe the interest of justice can best be served by resolving this issue in favor of the applicant.  Therefore, I direct that his records be corrected to show that on 15 June 1991, rather than 26 September 2002, he was awarded the DFC, 1 OLC, for heroism on 20 February 1991, near the Latifiya Rocket Propellant Plant, and the DFC, 1 OLC, and the citation to accompany award of the DFC, 1 OLC, was accepted for file in his OSR on or before 31 October 2001.

AFBCMR  BC-2004-02181

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 XXXXXXXXXXXXX, be corrected to show that:

		a.	On 15 June 1991, rather than 26 September 2002, he was awarded the Distinguished Flying Cross, First Oak Leaf Cluster (DFC, 1 OLC), for heroism on 20 February 1991, near the Latifiya Rocket Propellant Plant, and the citation to accompany the award was accepted for file in his OSR on or before 31 October 2001.

		b.	The citation to accompany the award of the Air Medal (Basic) for the period 3 January 1997 to 23 February 1997, was accepted for file in his Officer Selection Record (OSR) on or before 31 October 2001.

	c.	The citation to accompany the award of the Air Medal, First Oak leaf Cluster, for the period 7 February 1991 to 27 February 1991, was accepted for file in his OSR on or before 31 October 2001.

	d.	The citation to accompany the award of the Meritorious Service Medal, Second Oak Leaf Cluster, for the period 5 December 1998 to 21 June 2001, was accepted for file in his OSR on or before 31 October 2001.

	It is further directed that his record, to include the above referenced citations, be considered for promotion to the grade of colonel by a Special Selection Board for the Calendar Year 2001B Colonel Central Selection Board and any subsequent boards in which the above referenced citations were not a matter of record.