RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03766 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The official award date for his Air Medal (AM), awarded for the period 9 Apr 03 to 13 Nov 09, be changed to 1 Feb 10 rather than 23 Mar 10. 2. The official award date for the Meritorious Service Medal (MSM), awarded for the period 1 Jan 06 to 7 Feb 07, be changed to 7 Mar 07 rather than 19 Oct 10, and that Special Orders be issued for the award. 3. His corrected record, to include a corrected Officer Selection Brief (OSB), be considered for promotion to Lieutenant Colonel (O- 5) by a Special Selection Board (SSB) for the Calendar Year (CY) 2010A Lieutenant Colonel Central Selection Board (CSB). _________________________________________________________________ APPLICANT CONTENDS THAT: 1. His AM was not awarded in a timely manner due to administrative oversight. 2. His MSM was not timely awarded due to an administrative oversight and his former reserve unit was unable to upload the medal into virtual PC-GR and therefore was unable to obtain a special order number for the citation. 3. Consequently, neither award was considered by the CY10 Lieutenant Colonel CSB and, as a result, he was not selected for promotion. Had the awards been rendered in a timely fashion, they would have been highlighted in his selection record and increased his chances for promotion. In support of his appeal, the applicant provides copies of documents extracted from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of major (O-4). The applicant has one nonselection for promotion to the grade of lieutenant colonel by the CY10A Lieutenant Colonel CSB. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, indicating there is no evidence of an error or injustice. The applicant contends it should not have taken four months to issue his AM. In accordance with AFI 36- 2803, The Air Force Awards and Decorations Programs, decoration recommendations are entered into official channels within two years and awarded within three years of the act, achievement, or service performed. The AM in question and accompanying Special Order was awarded within three years of the act or achievement. As for his request related to the MSM, although he contends that it was not awarded in a timely manner due to administrative error, and his former reserve unit was unable to correct the error in vPC-GR, there is no evidence showing that a Special Order was issued to award the MSM The complete AFPC/DPSIDR evaluation is at Exhibit C. AFPC/DPSOO recommends denial of the applicant’s request for an SSB based on the AFPC/DPSIDR recommendation and their own evaluation of the facts and circumstances of this case. The complete AFPC/DPSOO evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Whether an injustice has occurred should not be based only on the AFI; instead, all of the facts and circumstances should be considered, and in particular, whether they had a negative effect on the service member’s career. The AM was his highest level award/decoration at the time the board convened and should have been available for the Board’s review. Additionally, the absence of the MSM made it appear as though he may have departed his unit under unfavorable circumstances. The MSM in his records will demonstrate that gap in his records was the result of administrative error rather than a professional shortcoming. At a minimum, the executed but un- awarded citation should have been made available to the board. The applicant’s complete response, with attachments, is at Exhibit F. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding award of a MSM for the period 1 Jan 06 to 7 Feb 07. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding award of the applicant’s AM. After a thorough review of the evidence of record and the applicant’s complete submission, including his response to the Air Force evaluations, we believe the applicant has raised sufficient doubt as to the circumstances surrounding the submission and approval of his recommendation for award of the AM. In this respect, we note the effective date of the award of the AM to the applicant was just days after the contested promotion board and the apparent delay in processing the AM precluded its availability for consideration by the promotion board. While it appears the award was rendered within the three years required by the governing instruction, we believe the delay in processing the award may have served to deny the applicant full and fair consideration for promotion. Therefore, we believe it would be in the interest of justice to resolve any doubt in this matter in favor of the applicant. Therefore, we recommend his records be corrected to the extent indicated below. 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 issue(s) 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. His Air Medal, awarded for the period 9 April 2003 through 13 November 2009, was signed on 1 February 2010, rather than 23 March 2010. b. His Officer Selection Brief (OSB) dated 1 March 2010 be corrected to reflect he was awarded the Air Medal on 1 February 2010, rather than 23 March 2010. It is further directed that the corrected record be considered for promotion to the grade of lieutenant colonel by a Special Selection Board (SSB) for the Calendar Year 2010A (CY10A) Lieutenant Colonel Central Selection Board (CSB). _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03766 in Executive Session on 6 Oct 11 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03766 was considered: Exhibit A. DD Forms 149, dated 30 Sep 10 and 29 Dec 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 26 Apr 11. Exhibit D. Letter, AFPC/DPSOO, dated 26 May 11. Exhibit E. Letter, SAF/MRBR, dated 17 Jun 11. Exhibit F. Letter, Applicant, dated 11 Jul 11.