RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03141
INDEX CODE: 107, 131.01
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS:
Special Selection Board (SSB) consideration by the Calendar Year 1998B
(CY98B) (1 Jun 98) Central Lieutenant Colonel Board with inclusion of
the Air Force Commendation Medal (AFCM), for the period 2 Feb 89 to
26 Aug 92, in his officer selection record (OSR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His record that met the CY98 promotion board was in error because his
AFCM was not considered. Due to an administrative oversight, he was
not awarded the medal after his permanent change of station (PCS) from
Eglin AFB, Florida. This oversight was due, in part, to a short
notice PCS and an immediate change of command for the squadron
commander upon their return from a four-month deployment in Saudi
Arabia in support of Desert Storm.
Aplicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is
21 Jun 82. He is currently serving on extended active duty in the
grade of lieutenant colonel, effective, and with a date of rank (DOR)
of 1 Aug 99.
Applicant’s OPR profile since 1990 follows:
PERIOD ENDING OVERALL EVALUATION
18 Aug 90 Meets Standards
18 Aug 91 Meets Standards
2 Jul 92 Meets Standards
30 Nov 93 Meets Standards
26 Jun 94 Meets Standards
20 Nov 94 Meets Standards
27 May 95 Meets Standards
27 May 96 Meets Standards
27 May 97 Meets Standards
16 Mar 98 Meets Standards
17 Feb 99 Meets Standards
Applicant has one nonselection for promotion to the grade of
lieutenant colonel by the CY98B Central Lieutenant Colonel Board. He
was selected for promotion to the grade of lieutenant colonel by the
CY99A (17 Apr 99) Lieutenant Colonel Board.
Special Order G-008, dated 3 Nov 98, reflects the applicant was
awarded the AFCM for meritorious service for the period 2 Feb 89
through 26 Aug 92. The AFCM was filed in applicant’s OSR on 6 Nov 98.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Appeals & SSB Branch, AFPC/DPPPA, reviewed this application
and indicated that AFI 36-2803, paragraph 3.1, states, decoration
recommendations are entered “into official channels within two years
and awarded within three years of the act, achievement, or service
performed.” Since the close out date of the award is 26 Aug 92, it
should have been entered into official channels by Aug 94 and awarded
by Aug 95. DPPPA notes that the decoration recommendation (RDP) date
is 3 Nov 98-the same date the special order was prepared. DPPPA does
not know why Headquarters 33rd Fighter Wing approved the decoration in
Nov 98 in the first place-especially since the recommendation was
clearly made outside the regulatory guidelines. Were there
extenuating circumstances that caused the decoration to be delayed?
Was it lost or did the evaluator simply determine, retrospectively,
the applicant deserved an award? The applicant did not provide any
evidence to prove extenuating circumstances existed causing the
decoration to be delayed.
DPPPA further states that whether or not the decoration is valid is
actually a moot point. AFI 36-2803, figure 3.2, note 4, states,
“citations and special orders must be forwarded within 30 days of the
date of the special order.” In this case, the special order was not
prepared until 3 Nov 98 and was filed in his OSR on 6 Nov 98-clearly
within regulatory guidelines. As such, the citation for the AFCM did
not exist when the CY98B board convened because the special order
awarding the decoration had not yet been published. DPPPA, therefore,
does not support reconsideration on this issue. Based on the lack of
evidence provided, they recommend denial.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
18 Jan 99 for review and response. As of this date, no response has
been received by this office.
_________________________________________________________________
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 a thorough review
of the evidence of record and applicant’s submission, including the
statement from the commander, we are not persuaded that he should be
given SSB consideration as requested with inclusion of the award of
the AFCM in question. His contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. We
therefore agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain his burden that he has suffered either an error
or an injustice. Therefore, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
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 9 September 1999, under the provisions of Air
Force Instruction 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Grover L. Dunn, Member
Mr. John E. Pettit, Member
Mrs. Joyce Earley, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPA, dated 18 Dec 98.
Exhibit D. Letter, AFBCMR, dated 18 Jan 99.
DAVID C. VAN GASBECK
Panel Chair
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