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AF | BCMR | CY2002 | 0200771
Original file (0200771.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00771
                       INDEX CODE 107.00  131.01
                       COUNSEL:  None

                       HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR) be corrected to include  the  award
of the Air Force Meritorious Service Medal, 4th Oak Leaf Cluster  (MSM
4OLC) and he receive Special Selection Board (SSB)  consideration  for
promotion to the grade of colonel for the FY02 Colonel Promotion Board
which convened 22 October 2001.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During  his  recent  assignment  and  permanent  change  of   station,
effective 9 September 2001, to Commander, 926 Support Group,  NAS  JRB
New Orleans LA, he understood that he had been submitted for the award
of the MSM 4OLC.  He was unaware that the award had not been processed
until after the date of the FY02 Colonel Promotion Board.

In  support  of  the   appeal,   applicant   submits   his   promotion
recommendation form, and the MSM citation and order.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air  Force  Reserve  in  the
grade of Lt Col.

Applicant was considered and not selected for promotion to  the  grade
of colonel by the FY01 and FY02 Colonel Promotion Boards.

The MSM citation was not filed in his Officer Selection  Record  (OSR)
at the time the FY02 board convened.

He was awarded the MSM by Special  Order  G-030,  effective         31
January 2002.

The remaining relevant facts pertaining to this  applicant,  extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of Air Force at Exhibit C.

_________________________________________________________________


AIR FORCE EVALUATION:

ARPC/DPB recommended denial.  The applicant had a permanent change  of
station (PCS) 9 September 2001.  When he left, he was told he had been
submitted for a Meritorious Service  Medal  (MSM).  The  MSM  was  not
awarded to the applicant until 31 January 2002  over two months  after
the FYO2 board adjourned and is not a factor in the selection or  non-
selection of this officer.  In order for the  MSM  to  appear  in  the
applicant’s record as presented to the FY02 Colonel  Promotion  Board,
the effective date and the date of the order awarding the medal had to
be prior to the convening date of the board (22 October 2001).

ARPC/DPB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed  the  Air  Force  evaluation  and  submitted  a
statement from HQ 10 AF/DPM supporting the fact that the MSM had  been
submitted prior to the  promotion  board.   The  applicant’s  complete
submission is 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 an error or injustice.   After  thoroughly  reviewing
the applicant's complete submission, we are  not  persuaded  that  the
applicant's records warrant reconsideration by an SSB for promotion to
the grade of colonel.  In regard to the contested MSM 4OLC, the  Board
is of the opinion that the decoration was processed  within  the  time
allowed by AFI 36-2803 and that it was not required to be on  file  at
the time the FY02 colonel promotion board convened on 22 October 2001.
 The applicant has not provided any evidence  from  his  rating  chain
that it was their intent that the award be placed in his records prior
to the FY02 board or that it  was  unduly  delayed  or  failed  to  be
processed in a timely manner.  Therefore, we agree  with  the  opinion
and recommendation of the Air Force and adopt their rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in 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 Docket  Number  02-00771
in Executive Session on 13 June 2002, under the provisions of AFI  36-
2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. Frederick R. Beaman III, Member
                 Mr. David C. Van Gasbeck, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Feb 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPB, dated 18 Mar 02.
      Exhibit D. Letter, SAF/MRBR, dated 5 Apr 02.
      Exhibit E. Applicant's response, dated 19 Apr 02.



      JOHN L. ROBUCK
      Panel Chair


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