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AF | BCMR | CY1999 | 9900161
Original file (9900161.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00161
            INDEX CODE:          131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

The Air Force Achievement Medal,  First  Oak  Leaf  Cluster  (AFAM,  1  OLC)
awarded for the period 21 May 1991 to 14 August 1995, be considered  in  the
promotion process for cycle 98E6.


APPLICANT CONTENDS THAT:


The applicant states that he was originally recommended for  the  Air  Force
Commendation Medal, First Oak Leaf Cluster (AFCM, 1  OLC)  in  August  1995;
however, the recommendation was inadvertently lost.

The applicant states that his superiors assumed he was awarded the  AFCM,  1
OLC, at his new duty assignment.  It  was  not  until  June  1998  that  his
superiors were aware that he did not receive the award.  At that  time  they
again submitted the recommendation and he  was  awarded  the  AFAM,  1  OLC.
Since the special orders awarding the decoration were  not  published  until
one year after the close-out date of the decoration, the  decoration  should
be considered in the promotion process for cycle 98E6.

In support  of  the  appeal,  applicant  submits  a  copy  of  the  RDP  and
statements from the recommending official and the section commander.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
staff sergeant (E-5).

On 1 August  1995,  a  Recommendation  for  Decoration  Printout  (RDP)  was
prepared on the applicant.

On 31 August 1995, the RDP was signed by the applicant’s supervisor.

Promotion selections for cycle 98E6 were made on 20 May 1998  and  announced
on 4 June 1998.  The total weighted promotion score required  for  selection
in the  applicant's  Air  Force  Specialty  Code  (AFSC)  was  353.39.   The
applicant's total  weighted  promotion  score  was  352.80.   The  Promotion
Eligibility Cutoff Date (PECD) was 31 December 1997.

    Communications  Group,  Special  Order  G-031,  dated  21 October  1998,
awarded the applicant the  Air  Force  Achievement  Medal,  First  Oak  Leaf
Cluster (AFAM, 1 OLC) awarded for the period 21 May 1991 to 14 August  1995.
 The AFAM  is worth 1 point in the computation of a members  total  weighted
promotion score.

A similar request was considered and denied by AFPC on 8 December 1998.

For a decoration to be eligible for consideration in a promotion cycle,  the
close-out date of the decoration must be on or  before  the  PECD,  and  the
date of the RDP must be before the date  of  selections  for  the  cycle  in
question.

Since the recommendation was not submitted until after selections for  cycle
98E6 were made, the decoration was not considered in the  promotion  process
for cycle 98E6.


AIR FORCE EVALUATION:

The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB, reviewed  the  application
and states the policies regarding the  approval  of  a  decoration  and  the
credit of a decoration for promotion purposes are two separate and  distinct
policies.  Current Air Force promotion policy (AFI 36-2502, Table 2.2,  Rule
5, Note 2) dictates that before a decoration  is  credited  for  a  specific
promotion cycle, the close-out date of the decoration must be on  or  before
the promotion eligibility cutoff date (PECD), and the date of  the  DECOR-6,
Request for Decoration Printout (RDP) must be before the date of  selections
for the cycle in question.  Each promotion cycle  has  an  established  PECD
which is used to determine what Air Force Specialty  Code  (AFSC)  or  Chief
Enlisted Manager (CEM) Code the member will be considered for promotion  in,
as well as which performance reports and decorations will  be  used  in  the
promotion consideration.  In addition, a decoration  that  a  member  claims
was lost, downgraded, etc., must be fully documented and  verified  that  it
was placed into official channels prior to the selection date.  This  policy
was initiated 28 February  1979  to  specifically  preclude  personnel  from
subsequently  (after  promotion  selections)  submitting   someone   for   a
decoration with a retroactive decoration effective date (close  out)  so  as
to put them over the  selection  cutoff  score.   Exceptions  to  the  above
policy  are  only  considered  when  the  airman  can  support  a   previous
submission with documentation or statements  including  conclusive  evidence
that the recommendation was officially placed in  military  channels  within
the prescribed time limit and conclusive  evidence  the  recommendation  was
not acted upon through loss or inadvertence.  There is no tangible  evidence
the decoration was placed into official channels  prior  to  the  selections
for cycle 98E6.  It appears the applicant was submitted for an  AFCM  during
the August 1995 timeframe; however, there is no evidence it was placed  into
official channels and was lost before action was taken.  In accordance  with
AFI 36-2803, paragraph 3.1 a decoration is considered to  have  been  placed
in official channels when the decoration recommendation  is  signed  by  the
initiating official and indorsed by  a  higher  official  in  the  chain  of
command. Therefore, they recommend denial of his request.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  states  there  is  no
evidence the 1995 recommendation was disapproved,  nor  is  there  testimony
given to refute the statements submitted on his behalf.  Had the  decoration
not been lost, the recommendation would have continued to move  forward  and
received the same consideration as all others, without regard to  promotion.
 Hence, either the AFCM or AFAM would have  been  awarded  and  included  in
promotion  consideration   during   cycle   98E6.    As   it   stands,   the
recommendation was  very  carefully  examined  due  to  its  effect  on  his
promotion status.  Under the  watchful  eyes  of  a  vast  array  of  people
unfamiliar  with  his  service,  the  resubmission   of   the   rediscovered
decoration  was  disapproved.   However,  the  Inspector  General’s   office
determined additional review  was  warranted  because  the  disapproval  was
found to be unjust based on his honorable and meritorious record of  service
during the period in question.  A compromised ensued and he was awarded  the
AFAM.  Based on the documentation he has provided, the  decoration  was  not
an after-the-fact decoration.

The 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  In  this  respect,  we  note  the
applicant was originally recommended for the AFCM by his  supervisor  on  31
August 1995;  however,  the  recommendation  was  inadvertently  lost.   The
recommending official and the section  commander  have  provided  statements
indicating the recommendation was  initiated  on  31  August  1995  and  was
processed through the group and fowarded to the  96th  MSS.   In  1998,  the
recommending  official  was  advised  the  applicant  never   received   the
decoration and resubmitted the  recommendation.   On  21 October  1998,  the
applicant was awarded the AFAM. Since the delay in  the  processing  of  the
decoration was through no fault of the applicant, and the actions  performed
were completed prior to the selections for cycle 98E6, we believe the  award
should be considered in the promotion process for  cycle  98E6.   Therefore,
we recommend his records be corrected to the extent indicated below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 19 May 1998, he was  awarded  the
Air Force Achievement Medal, First Oak Leaf Cluster (AFAM, 1  OLC)  for  the
period 21 May 1991 to 14 August 1995.

It is further recommended that he  be  provided  supplemental  consideration
for promotion to the grade of technical sergeant for all appropriate  cycles
beginning with cycle 98E6.

If AFPC discovers any adverse factors during or subsequent  to  supplemental
consideration that are separate and  apart,  and  unrelated  to  the  issues
involved in  this  application,  that  would  have  rendered  the  applicant
ineligible for the  promotion,  such  information  will  be  documented  and
presented to the  board  for  a  final  determination  on  the  individual's
qualification for the promotion.

If  supplemental  promotion  consideration  results  in  the  selection  for
promotion to the higher grade, immediately after such promotion the  records
shall be corrected to show that he was promoted to the higher grade  on  the
date of rank established by  the  supplemental  promotion  and  that  he  is
entitled to all pay, allowances, and benefits  of  such  grade  as  of  that
date.


The following members of the Board considered this application in  Executive
Session on 5 October 1999, under the provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Edward H. Parker, Member
                  Mr. Patrick R. Wheeler, Member
                 Mr. Phillip E. Horton, Examiner (without vote)

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 14 Jan 99, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPWB, dated 27 Jan 99, w/atchs.
      Exhibit D.  Letter, AFBCMR, dated 15 Feb 99.
      Exhibit E.  Letter, Applicant, dated 11 Mar 99.




                                  BARBARA A. WESTGATE
                                  Panel Chair







AFBCMR 99-00161




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to            , be corrected to show that on 19 May 1998, he was
awarded the Air Force Achievement Medal, First Oak Leaf Cluster (AFAM, 1
OLC) for the period 21 May 1991 to 14 August 1995.

      It is further directed that he be provided supplemental consideration
for promotion to the grade of technical sergeant for all appropriate cycles
beginning with cycle 98E6.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and unrelated to
the issues involved in this application, that would have rendered the
applicant ineligible for the promotion, such information will be documented
and presented to the board for a final determination on the individual's
qualification for the promotion.

      If supplemental promotion consideration results in the selection for
promotion to the higher grade, immediately after such promotion the records
shall be corrected to show that he was promoted to the higher grade on the
date of rank established by the supplemental promotion and that he is
entitled to all pay, allowances, and benefits of such grade as of that
date.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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