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AF | BCMR | CY1999 | 9803141
Original file (9803141.doc) Auto-classification: Denied



                       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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