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AF | BCMR | CY2002 | 0201144
Original file (0201144.DOC) Auto-classification: Approved

                            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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