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AF | BCMR | CY2000 | 9903158
Original file (9903158.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03158

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    The Joint Service Achievement  Medal  (JSAM)  dated  13  October
1998, awarded for the period 9 December 1995 to 16 February  1996,  be
considered for promotion cycles 97E6 and 98E6 (TSgt).

2.    The criteria used to add an approved decoration to the promotion
cycle be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The medal was not in his records by the standard time allotted for the
average decoration, which would have  been  around  March  1996.   The
current criteria do  not  apply  to  all  decorations  (Joint  Service
Achievement Medal).  He asks why must the recipient of  the  award  be
penalized for something he/she had no control over.

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 TSgt (E-6).

Promotion selections for cycle 97E6 were made on  19  May  1997.   The
total  weighted  promotion  score  required  for  selection   in   the
applicant’s  Air  Force  Specialty  Code  (AFSC)  was   339.52.    The
applicant’s total weighted promotion score was 339.29.

The applicant was on temporary duty (TDY) to XXXX XXX XXX XXX,  during
the period 9 December 1995 through       16  February  1996.   He  was
awarded the JSAM for his achievements during this time period.

The recommendation package was initiated 2 October 1997,  approved  on
31 December 1997, and the order published on  13  October  1998.   The
JSAM is worth one  point  in  the  computation  of  a  member’s  total
promotion score.

The applicant was selected for promotion by  cycle  98E6  without  the
JSAM, and assumed the grade 1 September 1998.   His  total  score  was
349.33 and the score required for selection was 331.93.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Inquiries/AFBCMR  Section,  AFPC/DPPPWB,   reviewed   the
applicant’s request recommending denial.  After an extensive review of
the circumstances of this case to include documentation the  applicant
has provided, there is no conclusive evidence the lost decoration  was
resubmitted before the date of selections for the 97E6  cycle.   While
they are acutely aware of the impact this recommendation  has  on  the
applicant’s  career,  the  fact  is  the  lost  decoration   was   not
resubmitted until after selections  for  this  cycle  were  made.   To
approve the applicant's request would not be fair or equitable to many
others in the same situation who miss promotion selection by a  narrow
margin and are not entitled to have an  “after  the  fact”  decoration
count in the promotion process.  The applicant’s request to  have  the
decoration included in the promotion process  for  cycle  97E6  as  an
exception to  policy  was  disapproved  by  the  Promotion  Management
Section at the Air Force Personnel Center  on  22  February  1999  and
again on 9 March 1999.   The applicant believes that paragraph  1b  of
AFPC/DPPPWM 221232z Feb 99 disapproval message (included  as  part  of
the case file) pertaining to a “DÉCOR-6, Recommendation of  Decoration
Printout (RDP),” is not applicable to  him  since  the  decoration  in
question  is  a  Joint  Service  Decoration  and  not  an  Air   Force
Decoration.  They agree that a DÉCOR-6  does  not  apply  to  a  Joint
Service Decoration.

However, the purpose of this paragraph of the referenced  message  was
to convey the normal criteria that must be met for adding an  approved
decoration to a past promotion cycle.  Officials responsible  for  the
disapproval message recognized that there would have been  no  DÉCOR-6
produced for a decoration that was not an Air Force decoration.   That
is why paragraph 2 of this  message  stated  the  decoration  was  not
resubmitted until 2 Oct 97, the date reflected on the EU  Form  30-15R
the applicant has provided.  Other Joint Service  Decorations  may  be
initiated on Department of the Army Form 638.  The EU for 30-15R  used
to recommend the applicant for this award, was initiated 2 Oct  97  by
his  supervisor,  SMSgt  P.   On  8  Dec  97  the  Chief   of   Staff,
USEUCOM/ECSO, recommended the decoration be  approved.   This  is  the
date that it was indorsed by a higher official in the chain of command
and is considered the date it  was  entered  into  official  channels.
They concur with this decision.  If  the  Board  disagrees,  it  could
direct supplemental consideration for the 97E6 cycle, to  include  the
decoration.

A complete copy of the evaluation is attached at Exhibit C

The Chief, Awards  and  Decoration  Section,  AFPC/DPPPR,  recommended
disapproval  of  the  applicant’s  request.   The  applicant  has  not
provided  any  documentation  showing  that   a   recommendation   for
decoration package was submitted into official  channels  prior  to  2
October 1997.  The  recommending  official  stated  that  he  wrote  a
recommendation, but no documentation could be located to  verify  that
it was placed into  official  channels.   Concerning  the  applicant’s
request for consideration of the Joint Service Achievement  Medal  for
the period 9 December 1995 through 16 February 1996 in  the  97E6  and
98E6 selection cycles, the recommendation package  was  not  initiated
until 2 October 1997.  Therefore, the decoration can not be considered
for  the  97E6  selection  cycle.   The  applicant  was  selected  for
promotion by the 98E6 cycle and promoted  effective  1  October  1998.
Therefore, this issue has been resolved.

A complete coy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
8 September 2000 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable  error  or  injustice  warranting  favorable
consideration of applicant’s request pertaining to the JSAM.  Based on
the statement from  the  applicant  and  documentation  submitted,  it
appears that the applicant was recommended for the decoration prior to
selections for cycles 97E6 and 98E6 (TSgt) were made.   Unfortunately,
the recommendation package was apparently lost during the coordination
process.  Although a DÉCOR-6 is not  generated  for  a  Joint  Service
Decoration, we believe the applicant should receive credit and  points
for meritorious achievement for the time period listed on his citation
during promotion cycle  97E6.   We  are  persuaded  that  the  initial
recommendation  was  misplaced,   rather   than   being   disapproved;
therefore, to preclude any further  injustice  to  the  applicant,  we
believe that any doubt should be resolved in his favor.   In  view  of
the foregoing, we recommend his records be  corrected  to  the  extent
indicated below.

4.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice regarding the applicant’s
remaining request.  The change in criteria to  Department  of  Defense
award procedure is not an issue coming under the purview  of  the  Air
Board for Correction of Military Records.  We recommend the  applicant
submit the change through the Air Force Idea Program and the Office of
the Secretary of Defense.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the  Permanent  Order
286-02 for the award of the Joint Service Achievement Medal,  for  the
period 9 December through 16 February 1996, was prepared  on  5  March
1996, rather than 13 October 1998.

It  is  further  recommended  that   he   be   provided   supplemental
consideration for promotion to the grade of technical sergeant for all
appropriate cycles commencing with cycle 97E6.

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 6 December 2000, under the provisions of AFI  36-
2603:

            Mr. Teddy L. Houston, Panel Chair
            Mr. Lawrence M. Groner, Member
            Ms. Diana Arnold, Member

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









      Exhibit A. DD Form 149, dated 1 Jan 00.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 17 Aug 00.
      Exhibit D. Letter, AFPC/DPPPR, dated 28 Aug 00.
      Exhibit E. Letter, SAF/MIBR, dated 8 Sep 00.









                                   TEDDY HOUSTON
                                   Panel Chair
AFBCMR 99-03158




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  APPLICANT,  be  corrected  to  show  that  the
Permanent Order 286-02 for the award of the Joint Service  Achievement
Medal, for the  period  9  December  through  16  February  1996,  was
prepared on 5 March 1996, rather than 13 October 1998.

             It is further directed that he be  provided  supplemental
consideration for promotion to the grade of technical sergeant for all
appropriate cycles commencing with cycle 97E6.

              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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