RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02588
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Meritorious Service Medal (MSM) fourth oak leaf cluster  (4OLC)  closing
on 18 Jul 01 be revoked  and  that  the  MSM  4OLC  closing  14  Apr  00  be
reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the MSM closing on 18 Apr 00 by Brigadier General  R---.   At
the request of Colonel S---, the order awarding him the MSM was  revoked  in
order to recommend him for award of the Legion of Merit (LOM).  Colonel S---
 had secured the full support of the Pacific Air Command (PACAF)  leadership
prior to pursuing this course of action.  The LOM nomination  was  declined.
He was advised by Colonel D---, of the SAF  Personnel  Council,  that  there
was virtually no chance of him being awarded the LOM because  his  positions
had not been classified as "LOM positions."  After  the  recommendation  was
rejected, Colonel S--- awarded him the MSM closing on  18  Jul  01  for  the
entire period of time he was assigned to Hickam AFB, HI.

The award of the MSM that, Brigadier General R---,  who  was  his  commander
while at the 15 ABW, is much more meaningful to him.  His  most  significant
and meaningful accomplishments, captured so eloquently in Brigadier  General
R---'s citation are all  lost  in  the  citation  covering  both  jobs.   In
addition, it is critically important that the time he  spent  at  HQ  PACAF,
and  his  record  of  achievements  there,  remain  available  for  use   as
justification for future award consideration.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documents associated with the MSM closing 14 Apr  00,  documents  associated
with the recommendation for award of the LOM, documents associated with  the
MSM closing 18 Jul 01, copies of  email  communications,  letters  from  the
Army Board for Correction of Military  Records.   His  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reflects  that  the  applicant
was appointed a second lieutenant, Reserve of the Air Force, on 21  May  77.
He was voluntarily ordered to extended active duty on 30  Jun  80.   He  was
integrated  into  the  Regular  Air  Force  on  30  Jun  86.   He  has  been
progressively promoted to the grade of colonel, having  assumed  that  grade
effective and with a date of rank of 1 Dec 97.

The applicant served as 15 ABW Staff Judge Advocate during the period of  15
Jul 98 through 14 Apr 00.  He served as Deputy Director of SJA at  HQ  PACAF
during the period of 15 Apr 00 through 17 Jul 01.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  reviewed  applicant's  request  and  recommends  denial.   DPPPR
states that AFI  36-2803,  paragraph  3.7  does  not  authorize  revoking  a
decoration in order to recommend an individual for a higher decoration.   If
the MSM for the entire period of  his  tour  is  revoked  and  the  original
decoration is reinstated, he would then have no decoration  for  the  period
of 15 Apr 00 through 17 Jul 01.

Since HQ PACAF was the final approval authority at the time, he should  have
applied to them for reconsideration.  He has not  provided  statements  from
any of the individuals involved  supporting  his  request.   Preference  for
wording  in  one  decoration  citation  over  the  wording  in  another   is
insufficient reason to revoke one decoration in favor of another.   The  MSM
that is now valid is  an  end-of-tour  decoration  that  covers  the  3-year
period he was assigned to  Hickam  AFB,  which  is  the  normal  method  for
awarding a decoration.  If the original MSM is reinstated, he could not  now
be recommended for a decoration covering the period of 15 Apr 00 through  17
Jul 01 since recommendations for decorations  must  be  submitted  within  2
years of the act, accomplishment, or service.

The DPPPR evaluation, with attachment, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that  DPPPR  suggests  that  HQ  PACAF  could  address  his
request, then in the  same  paragraph  states  that  he  could  not  now  be
recommended for a decoration because of time limitations.  DPPPR  makes  the
case that it would be totally fruitless to have applied to PACAF to do  what
he is asking the Board to do.  It seems clear that there is no authority  to
make this correction, other than the AFBCMR.

Applicant provided copies of email communications  from  Colonel   S---  and
Brigadier General R--- supporting his requested action.  It should be  clear
to the Board that both were attempting to seek the next level  of  award  to
recognize his performance while in PACAF.  This is the only reason  BG  R---
agreed to Colonel S---'s request to revoke the MSM.

DPPPR states that AFI 36-2803 does not authorize revoking  a  decoration  in
order to recommend  an  individual  for  a  higher  award.   Accepting  that
interpretation of the AFI, it is clear that  the  order  which  revoked  the
original MSM is void ab initio.   In  as  much  as  this  order  was  issued
without lawful authority, according to DPPPR, the original MSM has not  been
revoked.  Since the second MSM included a period of time that the first  MSM
already covers, it is invalid and should be revoked.  As a  matter  of  law,
it seems that the Board, agreeing with his interpretation of the  applicable
AFI, should set aside the order which improperly revoked the first MSM.

His complete submission, with attachments, 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 error or injustice.  In this regard, the applicant was  awarded
an MSM for the period of 15 Jul 98 through 14 Apr 00.   The  award  approval
authority revoked the decoration in order to recommend the applicant  for  a
higher level award.  We note that the authority cited  as  authorization  to
revoke the award was listed as AFI 36-2803,  paragraph  3.7.   A  review  of
that particular paragraph reveals that authority to revoke the MSM in  order
to recommend an individual for a higher award does  not  exist.   Therefore,
it is our opinion that the revocation of the original MSM was in  error  and
that action should be considered void and without effect.   Accordingly,  in
an effort to eliminate any  errors  or  injustices  that  occurred  in  this
matter, we recommend that his records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.  Special Order GW-040, dated 22 August 2001, be, and hereby is,
declared void and removed from his records.

      b.  The Meritorious Service Medal (MSM), fourth oak leaf cluster
(4OLC), awarded for the period 15 July 1998 through 18 July 2001, be, and
hereby is declared void and removed from his records.

      c. The attached citation for MSM (4OLC) awarded for the period 15
July 1998 through 14 April 2000 be inserted in his records.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-02588  in
Executive Session on 30 Oct 02, under the provisions of AFI 36-2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. Mike Novel, Member
      Ms. Diane Arnold, Member

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

    Exhibit A.  DD Form 149, dated 2 Jul 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 29 Aug 02, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 6 Sep 02.
    Exhibit D.  Letter, Applicant, dated 2 Oct 02, w/atchs




                             LAWRENCE R. LEEHY
                                             Panel Chair

AFBCMR 02-02588




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:

            a.  Special Order GW-040, dated 22 August 2001, be, and hereby
is, declared void and removed from his records.

            b.  The Meritorious Service Medal (MSM), fourth oak leaf
cluster (4OLC), awarded for the period 15 July 1998 through 18 July 2001,
be, and hereby is declared void and removed from his records.

            c. The attached citation for MSM (4OLC) awarded for the period
15 July 1998 through 14 April 2000 be inserted in his records.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Atch:
MSM, 4OLC