RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03927

XXXX  XXXXXXXXX	COUNSEL: NONE
	(MEMBER)
	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

He be awarded the Legion of Merit (LOM) or the Defense Meritorious Service Medal (DMSM).

He be issued an “in the zone” Promotion Recommendation Form (PRF).

He receive a feedback via the Airmen Comprehensive Assessment (ACA).

He be presented a United States Flag. (OUTSIDE BOARD’S PURVIEW)

APPLICANT’S CONTENTIONS

He was not given an end of tour medal commensurate with his grade as a lieutenant colonel.  According to his rank and retirement status, either the Defense Meritorious Service Medal or the Legion of Merit are appropriate.  He also contends he never received an ACA or an in the zone PRF during his final assignment, as required.  He has never seen or spoken with his rater.  He received two exemplary evaluations, along with recommendations for promotion to the next higher grade with no adverse actions.  He believes these acts are disrespectful to him as a combat veteran. 
 
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).

On 10 Apr 17, the applicant checked “yes” in block VIII, RATEE’S ACKNOWLEDGMENT, of his Officer Performance Report with the close-out date of 15 Mar 17, which states, “I understand my signature does not constitute agreement or disagreement.  I acknowledge all required feedback was accomplished during the reporting period and upon recipe of this report.”

On 4 Apr 18, the applicant checked “yes” in block VIII, RATEE’S ACKNOWLEDGMENT, of his Officer Performance Report, with the close-out date of 15 Mar 18, which states, “I understand my signature does not constitute agreement or disagreement.  I acknowledge all required feedback was accomplished during the reporting period and upon recipe of this report.”

Documentation submitted by the applicant reflects he received a Promote, Below the Zone PRFs for the P0617D and P0616C Central Selection Boards.

On 1 Aug 18, the applicant honorably retired.  

APPLICABLE AUTHORITY

The Legion of Merit may be awarded by the Secretary concerned to members of the United States Armed Forces, who after 8 September 1939 have distinguished themselves by exceptionally meritorious conduct in the performance of outstanding services.  The performance must have been such as to merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, assignment or experience of an individual is not an adequate basis for this award.  

For service rendered in peacetime, the term “key individual” applies to a narrower range of positions than would be in the case in time of war and requires evidence of significant achievement.  In peacetime, service should be in the nature of a special requirement of an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of important positions.

The Defense Meritorious Service Medal is awarded to military personnel serving with or assigned to a number of joint activities and is awarded for non-combat meritorious achievement that is incontestably exceptional and of magnitude that clearly places the individual above his peers while serving in one of the assignments for which the medal has been designated.

The purpose of promotion recommendation is to provide performance-based differentiation to assist the Central Selection Board (CSB) and is used for promotion purposes only in accordance with AFI 36-2406, Officer and Enlisted Evaluation Systems.  Paragraph 8.1.4.5, notes it is the ratee’s responsibility to contact the senior rater if they have not received a copy of their PRF no later than 15 days prior to the CSB.  The ratee must contact the senior rater to discuss any inaccuracies, omissions or errors pertaining to their PRF.  The ratee must also ensure their record is accurate, and may correspond by letter with the CSB to address any mater of record they deem important for the CSB’s consideration. 

Airman Comprehensive Assessments are mandatory for all Regular and Air Reserve airmen, airmen basic through colonel.  If an individual requests an ACA session, the rater will provide one within 30 days of request, provided 60 days has elapsed since the last ACA session.  The ACA will not be made an official part of any personnel record….at a minimum, the rater will maintain a copy of the ACA worksheet until the evaluation becomes a matter of record. AFI 36 2406, para 2.9.1.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  After careful consideration of the applicant’s request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.  Absent persuasive evidence the applicant was denied rights to which he was entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-03927 in Executive Session on 3 Jun 20:

Panel Chair
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.