RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01144
INDEX CODE: 131.00, 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The effective date of the Air Force Commendation Medal (AFCM) awarded for
the period 24 Jul 89 through 23 Jan 91 be changed to 1 February 1991 and
that he receive supplemental promotion consideration for all promotion
cycles in which the AFCM was not a matter of record.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In a previous decision by the Board, his Enlisted Performance Report (EPR)
closing on 31 May 90 was upgraded from an overall "4" to "5". He was
previously awarded an Air Force Achievement Medal (AFAM) for the above
period. After his EPR was upgraded, the award approving authority revoked
the AFAM and upgraded it to an AFCM.
The AFCM was prepared using AF Form 2224, dated July 1999. The citation in
his supplemental selection folder should be prepared landscape on bond
paper in the same format that was used in 1991. Using the new AFCM format
will draw unnecessary attention to his record and identify him as the
record receiving supplemental consideration.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his initial enlistment in the Regular Air Force on
14 Sep 81. He has been progressively promoted to the grade of master
sergeant, having assumed that grade effective and with a date of rank of 1
May 97. He was considered and selected for promotion to the grade of
senior master sergeant for cycle 02E8.
As a result of a previous AFBCMR case which resulted in the upgrading of
his EPR closing on 31 May 90, he received supplemental promotion
consideration for cycles 99E8 and 00E8 on 29 Jul 02 and was not selected
for promotion (see Exhibit G).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB reviewed applicant's request and recommends denial.
DPPPWB states that the AFCM is worth 3 points toward promotion and the AFAM
is worth 1 point. If the Board directs supplemental promotion
consideration, the decoration would not increase his score sufficiently
enough for him to become a selectee for the technical or master sergeant
cycles. His score would increase enough to become a selectee to senior
master sergeant for cycle 01E8, but not for cycles 99E8 and 00E8.
Current Air Force promotion policy dictates that before a decoration is
credited for a specific promotion cycle, the closeout date of the
decoration must be on or before the promotion eligibility cutoff date
(PECD), and the date of the DECOR-6, 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. The PECD for cycle 01E6 was 31 Dec 00. 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.
As evidenced by the special order awarding the applicant’s AFCM, this
decoration does not meet the criteria for promotion credit for any previous
cycles because the date the order was published and the decoration signed
is 2 Apr 02—after selections were made for all previous cycles in question.
This policy was initiated 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. 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.
Supplemental promotion consideration is granted on a case-by-case basis for
reasons listed in table 2.5 of AFI 36-2502. The applicant did not take
appropriate corrective or follow-up action before any of the original
boards convened and waited 10 years after the date of discovery in 1991.
The DPPPWB evaluation, with attachment, is at Exhibit C.
AFPC/DPPPR reviewed applicant’s request and recommends that the AFCM, dated
2 Apr 02, be considered effective on 23 Jan 91, as directed and authorized
by AFI 36-2803, paragraph 3.4.2 and considered to have been the legitimate
and actual decoration awarded to him for the period of 24 Jul 89 through 23
Jan 91. The AFCM should be considered to have existed since 23 Jan 91 and
be used to consider all personnel actions since 23 Jan 91. However, DPPPR
recommends denial of his request to not use the new style AFCM
certificate/citation, dated 2 Apr 02, and instead use the old style
landscape format citation in his supplemental promotion folder, because
there is no provision to substitute any of the documents in that folder.
The DPPPR evaluation, with attachments, is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that his decoration is not an "after-the-fact" decoration
as indicated by DPPPWB. His AFAM existed when promotion results were
released and was upgraded after the AFBCMR decision to upgrade his EPR.
It would be fair and equitable to extend supplemental promotion
consideration for the decoration since he has not been given the
opportunity to compete fairly for promotion with his contemporaries. The
statement made by his former wing commander which indicated "Had I been
presented with a record with all "5’s" in 1991, I would have approved an
AFCM at that time.” This is not an "after-the-fact" statement regarding
his decoration upgrade. His complete submission is at Exhibit F.
_________________________________________________________________
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 error or injustice. In a previous Board decision, the
applicant's EPR closing on 31 May 90 was upgraded to reflect an overall "5"
promotion recommendation. In support of his request the applicant provided
documentation from the awarding authority indicating that if the EPR had
been a "5" at the time it was originally rendered, he would have awarded
the applicant an AFCM and subsequently upgraded the medal. We note and
agree with the recommendation of the Chief, Recognitions Programs Branch
that the AFCM should be treated as though it existed on 23 Jan 91. In view
of this, it is our opinion that the applicant should receive supplemental
promotion consideration for all cycles in which the AFCM should have been a
matter of record. Accordingly, we recommend that his records be corrected
to the extent indicated below. We note that the Air Force has already
determined that inclusion of the AFCM will not result in changes to his
selection status for promotion cycles to the grades of technical sergeant
and master sergeant. Therefore, we do not believe it is necessary to
recommend supplemental consideration for these cycles.
4. Notwithstanding the aforementioned, we do not believe sufficient
relevant evidence has been presented to demonstrate the existence of error
or injustice regarding that portion of his request that the AFCM
certificate be replaced with the old style landscape format AFCM citation
in his selection folder. While it is conceivable that the use of the new
AFCM format may draw attention to his record and identify his record as
receiving supplemental consideration, the applicant has failed to establish
that the selection board members would fail to fulfill their
responsibilities and sworn duty to provide fair and equitable consideration
of the applicant's record. Therefore, we agree with the Air Force office
of primary responsibility and adopt their rational as the basis for our
conclusion that an error or injustice does not exist concerning this issue.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be provided supplemental consideration for promotion to the
grade of senior master sergeant for all appropriate cycles beginning with
cycle 99E8 with the Air Force Commendation Medal, awarded for the period 24
July 1989 through 23 January 1991, included in his selection record.
If selected for promotion to senior master sergeant by supplemental
consideration, he be provided any additional supplemental consideration
required as a result of that selection.
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
qualifications for the promotion.
If supplemental promotion consideration results in the selection for
promotion to any higher grades, immediately after such promotion the
records shall be corrected to show that he was promoted to the higher
grades 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 Docket Number 02-01144 in
Executive Session on 9 Sep 02, under the provisions of AFI 36-2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Christopher Carey, Member
Ms. Ann-Cecile McDermott, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 23 May 02, w/atchs.
Exhibit D. Letter, AFPC/DPPPR, dated 28 Jun 02, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 19 Jul 02.
Exhibit F. Letter, Applicant, dated 23 Jul 02.
Exhibit G. Record of Proceedings, AFBCMR Docket #01-00201.
ALBERT F. LOWAS, JR.
Panel Chair
AFBCMR 02-01144
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 provided supplemental consideration for
promotion to the grade of senior master sergeant for all appropriate cycles
beginning with cycle 99E8 with the Air Force Commendation Medal, awarded
for the period 24 July 1989 through 23 January 1991, included in his
selection record.
If selected for promotion to senior master sergeant by
supplemental consideration, he be provided any additional supplemental
consideration required as a result of that selection.
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
qualifications for the promotion.
If supplemental promotion consideration results in the
selection for promotion to any higher grades, immediately after such
promotion the records shall be corrected to show that he was promoted to
the higher grades 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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