RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00370
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force Commendation Medal (AFCM) awarded for the period  23 Mar
98 to 16 Jul 01, which was revoked, be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In Jul 01, she was awarded the AFCM.  She had been stationed at  Moody
AFB, Georgia, since Mar 98.  She received a special duty assignment to
Stuttgart, Germany.  She was supposed to leave Moody AFB in early  Aug
01.  In Jun 01, her on-base house was flooded by the main  sewer  line
that was in her front yard, and she filed  a  claim  for  her  losses.
Several weeks later, she was informed that she was suspected of having
submitted a fraudulent claim.  Her AFCM was subsequently  revoked  and
she was court-martialed.  However, she was acquitted.   Her  permanent
change  of  station  (PCS)  was  changed  to  a  permanent  change  of
assignment (PCA).  Because of this, her commander would not  reinstate
the medal.  She believes that this is an  injustice.   The  medal  was
taken away before she had an opportunity to show that she was innocent
of the charge against her.   She  was  fully  acquitted  and  was  not
supposed to suffer any negative actions.

In  support  of  her  appeal,  the  applicant  provided  an   expanded
statement, documentation pertaining to the AFCM,  and  copies  of  her
enlisted performance reports (EPRs).

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
staff sergeant, having been promoted to that grade on 1 May  02.   Her
Total Active Federal Military Service Date (TAFMSD) is 17 Dec 97.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They  noted  that  the  applicant  was
assigned to Moody AFB during the period 23 Mar 98 to 11 Dec  01.   She
was awarded the AFCM on 30 May 01, but it was revoked on 11 Jul 01.

AFPC/DPPPR  indicated  that  the  applicant  has  not   provided   any
documentation or statements from  involved  individuals  in  her  then
chain of command to substantiate her claims.  There  was  no  official
documentation showing why the decoration was  revoked.   According  to
AFPC/DPPPR, if a PCS decoration were to be considered,  the  inclusive
dates used in the revoked decoration would not  be  valid,  since  the
applicant did not depart Moody AFB on 16 Jul  01.   A  completely  new
recommendation package would need to be submitted, with the  inclusive
dates of her tour at Moody  AFB.   Since  she  has  not  provided  any
statements or official documents regarding an overseas  assignment,  a
summary court-martial, or a PCA at Moody AFB, they could  not  confirm
any of her  allegations.   Because  the  applicant  has  not  provided
sufficient  documentation  to  substantiate  her  claims,   AFPC/DPPPR
indicated that they could not verify her eligibility for the AFCM.

A complete copy of the AFPC/DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that she feels that she has  provided  substantial
evidence showing that she deserved the AFCM, and  that  her  chain  of
command at one point thought that  she  should  have  it.   There  was
nothing in her record that indicated a reason  she  should  have  been
denied the medal at the time of her permanent change of station.   She
believes that she was treated unfairly by her chain of command because
she was acquitted.  They thought highly enough of her to award her the
AFCM.  However, two months later they refused to give it back to  her,
with no good reason for their decision.

Applicant’s complete response, with attachment, is at Exhibit D.

_________________________________________________________________

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 injustice warranting corrective action.  The evidence  of
record  indicates  that  the  applicant  was  awarded  the  AFCM   for
meritorious service during the period 23 Mar 98 to 16 Jul 01 as an end
of tour decoration.  Prior to her PCS,  she  was  court-martialed  for
submission of a fraudulent claim for damaged furniture resulting  from
her flooded residence, and her AFCM was revoked.  She  was  ultimately
exonerated of the charges.  However, her PCS assignment was changed to
a PCA because of her being placed on administrative hold for the court-
martial action.  As a result, the AFCM was not  reinstated.   However,
after a thorough review of the facts and circumstances of  this  case,
we are of the opinion that the applicant should be  awarded  the  just
deserved medal.  The applicant had  been  awarded  the  AFCM  for  her
meritorious  service  for  the  aforementioned  period  and,  in   all
likelihood, would have retained the medal were it not for  the  court-
martial action and the delay in her PCS assignment.  In  view  of  the
foregoing, and to remove the possibility of an injustice, we recommend
that the applicant’s records be corrected to reflect award of AFCM for
meritorious service during the period 23 Mar 98 to 11 Dec 01.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that she was  awarded  the
Air Force Commendation Medal (AFCM) for meritorious service during the
period 23 Mar 98 to 11 Dec 01.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
00370 in Executive Session on 1 Oct 02, under the provisions of AFI 36-
2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. James E. Short, Member
      Ms. Martha J. Evans, Member

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

     Exhibit A.  DD Form 149, dated 30 Jul 02, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPR, dated 15 Aug 02.
     Exhibit C.  Letter, SAF/MRBR, dated 23 Aug 02.
     Exhibit D.  Letter, applicant, dated 6 Sep 02, w/atch.




                                   DAVID C. VAN GASBECK
                                   Panel Chair








AFBCMR 02-00370




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 she was awarded the Air
Force Commendation Medal (AFCM) for meritorious service during the
period 23 Mar 98 to 11 Dec 01.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency