RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02215
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records, to include the Meritorious Service Medal  (MSM)  for  the
period 13 January 1995 to 31 January 1998, be considered for promotion
to the grade of  major  by  Special  Selection  Board  (SSB)  for  the
Calendar Year 1998B (CY98B) Central Major Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His boss submitted his MSM paperwork in January 1998.  Considering the
60-day turnaround time, it should have been in  his  records  for  the
major’s board in April.  No information on his MSM award  was  in  his
records.

In support of the appeal applicant submits a copy of  his  MSM  orders
and citation.  He  also  submits  a  copy  of  his  Air  Force  Office
Selection Brief.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended active duty in the grade of
captain.

Applicant was considered and not selected for promotion to  the  grade
of major by the CY98B board which convened on 6 April 1998.

Applicant’s Officer Performance Reports (OPRs) from 1991 through  1997
reflect meets standards on all performance factors.

On 10 April 1998, applicant was awarded the MSM for  the  period    13
January 1995 to 31 January 1998 and on 2 September 1998 the award  was
filed in his records.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Appeals  and  SSB  Branch,   AFPC/DPPPA,   reviewed   the
application and states that, by regulation, a decoration  is  required
to be placed into official channels within two years from the  end  of
the service for which it is being  given,  and  awarded  within  three
years (not 60 days as  stated  by  the  applicant).   The  applicant’s
period of  service  for  the  MSM  ended  on  31  January  1998.   His
decoration was required to be completed and awarded by  January  2001.
The MSM  was  special  ordered  on      10  April  1998,  well  within
regulatory requirements.  Once the special order  is  accomplished,  a
decoration is to be placed  in  the  OSR  within  30  days.   In  this
instance, the MSM should have been filed in  the  applicant’s  OSR  no
later than 10 May 1998.  The decoration was not filed in his OSR until
2 September 1998.  Although the MSM citation was late to file, it  was
not required to be on file when the CY98B board convened  on  6  April
1998.   They  state,  while  it  appears   the   MSM   was   processed
expeditiously, until a special order is cut,  a  decoration  does  not
exist.  They, therefore, would be opposed to the  applicant  receiving
SSB consideration on this issue since the MSM did not exist  when  the
board convened.

They  further  state  that  each  officer   eligible   for   promotion
consideration is advised of their option to  write  a  letter  to  the
board president.  However, if the applicant considered the  decoration
important to his promotion assessment, he could have  written  to  the
CY98B board to ensure they were aware of his accomplishments, and  the
fact he was being considered for an MSM.  They found  no  evidence  he
wrote such a letter.  Therefore, they  do  not  believe  he  exercised
reasonable diligence to ensure his record  was  correct  when  he  was
considered by the CY98B board.  Based on the evidence  provided,  they
recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states  that  the  MSM
paperwork was submitted in January 1998; the MSM was signed by General
B--- on 6 April 1998 the first day of the board; the Special Order, GB-
32, was signed on 10 April 1998, still the first week  of  the  board;
each action left sufficient time for this information  to  be  entered
into his record and be reviewed by the board.  He further states  that
if he had known that his name had been submitted for a MSM,  he  would
have written a letter to  the  CY98B  Major  Central  Selection  Board
telling them that he was being considered for the award  of  the  MSM.
However, at the time of the selection board, he had  no  knowledge  of
this submission.  He feels that he  has  been  misrepresented  at  the
board and that the only way to reconcile this is to submit his records
to a SSB.

Applicant's complete response is attached 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or  injustice.   After  reviewing  the
evidence of record, we are not persuaded that the applicant  has  been
the victim of an error or injustice.  In this respect,  we  note  that
the MSM in question was not awarded until 10 April 1998, which is four
days after the convening date of the CY98 board.   In  our  view,  the
only individuals who had the opportunity to attempt to have this award
considered by the CY98 selection board would have been the applicant’s
rating officials.  The evidence before this board does not reveal that
these individuals attempted to fax the award to AFPC for consideration
by the CY98 board.  In view  of  the  fact  that  the  award  was  not
required by regulation to be in his records at the time the CY98 board
convened and in view of our above determination, we find no basis upon
which to recommend favorable action on this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 16 December 1998, under the provisions of AFI 36-
2603:

                     Ms. Charlene M. Bradley, Panel Chair
                     Mr. Terry A. Yonkers, Member
                     Ms. Peggy E. Gordon, Member
                     Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:


      Exhibit A. DD Form 149, dated 6 Aug 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPA, dated 8 Sep 98.
      Exhibit D. Letter, AFBCMR, dated 28 Sep 98.
      Exhibit E. Applicant’s Response, dated 21 Oct 98, w/atchs.




                             CHARLENE M. BRADLEY
                             Panel Chair