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AF | BCMR | CY2003 | BC-1992-02928A
Original file (BC-1992-02928A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-1992-02928
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  that  his
records be corrected to reflect he was  awarded  the  Distinguished  Service
Medal (DSM) versus the  Legion  of  Merit  (LOM),  first  oak  leaf  cluster
(1OLC), upon his retirement.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served as Chief Master Sergeant of the Air Force  (CMSAF)  from  1
Jul 86 through 1 Aug 90.  On 20 Jun 90, the Chief of Staff of the Air  Force
(CSAF) approved the recommendation for award of the DSM for  the  applicant.
On 26 Jun 90, the Secretary of  the  Air  Force  Personnel  Council  (SAFPC)
stated in a memorandum that the  DSM  recognizes  exceptionally  meritorious
service in a duty  of  great  responsibility  (general  officer  level)  and
current policy was that the CMSAF was awarded the LOM upon  retirement.   On
27 Jun 90, the CSAF approved the recommendation for the  award  of  the  LOM
and the Secretary of the Air Force (SAF) subsequently approved award of  the
LOM  (1OLC)  for  the  applicant.   For  an  account  of   the   facts   and
circumstances surrounding his appeal  and  the  Board's  decision,  see  the
Record of Proceedings at Exhibit G.

In his request for reconsideration, the applicant provided a statement  from
the  current  CMSAF,  which  states  that  each  CMSGT  subsequent  to   the
applicant's tenure has been awarded the DSM upon retirement.   His  complete
submission is at Exhibit H.

_________________________________________________________________

THE BOARD DETERMINES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice.  After reviewing the statement from  the
current CMSAF, the majority of the Board is not persuaded  that  the  relief
requested should be approved.  While it may be true that all  former  CMSAFs
have been awarded the  DSM,  the  majority  of  the  Board  notes  that  the
Secretary determined that he was not inclined to waive policy at that  time.
 Therefore, the  majority  of  the  Board  finds  no  basis  upon  which  to
recommend favorable action on this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-1992-
02928 in Executive Session on 26 Sep 03, under the  provisions  of  AFI  36-
2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Michael K. Gallogly, Member
      Mr. Vaughn E. Schlunz, Member

The majority of the Board recommends denial of the  relief  requested.   Mr.
Gallogly voted to grant the relief but does not desire to submit a  minority
report.  The following documentary evidence was considered:

    Exhibit G.  Record of Proceedings, dated 10 May 93, w/atchs.
    Exhibit H.  Letter, AF/CCC, dated 24 Sep 03.




                                   CHARLES E. BENNETT
                                   Panel Chair
AFBCMR BC-1992-02928

MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

SUBJECT:

      I have carefully reviewed all of the circumstances of the applicant’s
case and do not agree with the majority of the panel that his request for
award of the Distinguished Service Medal (DSM) should be denied.

      The former Chief of Staff of the Air Force (CSAF) approved a
recommendation to award the applicant, the former Chief Master Sergeant of
the Air Force (CMSAF), the DSM as an exception to policy at that time.
Upon being apprised that he lacked approval authority; that the DSM was
only awarded to general officers, and that no enlisted members of any
service received the DSM, the former CSAF downgraded the award to the
Legion of Merit (LOM).

      Based on data that shows the other services did not prohibit the award
of the DSM to their highest enlisted member at that time, the applicant
asked the Board to reconsider his request through the office of the current
CMSAF.  By a majority vote, the Board considered and again recommended
denial of the applicant’s case.  As indicated earlier, I disagree.

      The former CSAF carefully considered the applicant’s accomplishment
during his tenure as the top Air Force enlisted advisor and believed that
his performance of duty warranted the DSM as an exception to policy.  As
the former CSAF states, unfortunately, they didn’t do their homework when
they started the process.  Consequently, his approval of the award was
invalid.  When that became evident, he discussed it with the Secretary who
was not inclined to make the exception to the Air Force policy whatever the
other services were doing.  He firmly believes that had he discussed it
with the Secretary before the fact, the outcome would undoubtedly have been
different.  The policy was subsequently changed and all retiring CSAFs are
eligible for award of the DSM.

      In view of the foregoing, a reasonable doubt has been raised that had
the former CSAF been provided accurate information concerning the practices
of the other services, he may have been able to persuade the Secretary to
immediately change the policy or to award the DSM to the applicant as an
exception to policy.  Considering all the circumstances of the case, the
benefit of any doubt should be resolved in favor of the applicant.
Accordingly, it is my decision that applicant’s request be granted.  In
arriving at my decision, I am aware of the support of the CMSAF, the
Secretary of the Air Force and the Chief of Staff.  Accordingly, it is my
decision that the applicant’s request be granted.








                                  JOE G. LINEBERGER
                                  Director
      Air Force Review Boards Agency


AFBCMR BC-1992-02928




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.  The Legion of Merit, awarded for the period 1 July 1986
through 20 September 1990, be, and hereby is, declared void and removed
from his records.

            b.  He was recommended for award of the Distinguished Service
Medal for exceptionally meritorious service, for the period 1 July 1986
through 20 September 1990 on 19 June 1990, and the recommendation was
approved by competent authority on 20 June 1990, as an exception to policy.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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