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AF | BCMR | CY2003 | BC-2002-03308
Original file (BC-2002-03308.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03308
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  the  award  of  the  Meritorious
Service Medal (MSM) for the period July 1987 to September 1990.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A nomination to award him the MSM was destroyed by his  supervisor  at
OL-FA, Mr. A---, after he became aware that he had participated  in  a
PROTECTED act, e.g., notification to the AFIA Inspector General of Mr.
A---‘s illegal actions.  This was clearly an illegal reprisal by Mr. A-
--, and therefore the AF MSM  package  should  be  recreated  and  the
decoration awarded.  Also, as  both  Mr.  A---‘s  1st  and  2nd  level
supervisors aided in this reprisal, this award should not  go  through
previous command channels.

In support of the appeal, applicant  submits  an  information  summary
report, two character references, a letter  from  the  commander,  two
copies of the Nomination for AF/IN-AFIA Company Grade Officer  of  the
Quarter letters, with Justifications, a copy  of  the  Nomination  for
AF/IN-AFIA  Company  Grade  Officer   of   the   Year   letter,   with
Justification, and a copy of his 14  May  1989  through  13  May  1990
Performance Report.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty during the period 20 October  1982
through 22 July 1991.  He was relieved from active duty in  the  grade
of captain because of physical disability on 22 July 1991 and his name
was placed on the Temporary Disabled Retired List (TDRL) effective  23
July 1991.  He had served 8 years, 9 months and 3 days on active duty.
 He was permanently retired because of physical  disability  effective
23 April 1993.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  states  that   the   applicant’s   supervisor   considered
submitting a recommendation for an Air Force Commendation  Medal,  but
decided not to submit the package.  On 30 May 1991, the  commander  of
the Air Force  Intelligence  Agency  informed  the  applicant  that  a
colonel at AFIA/INU decided  not  to  nominate  the  applicant  for  a
Meritorious Service Medal after a thorough and complete review of  his
performance while stationed at OL-FA, Fairchild  AFB.   The  applicant
also provided two documents nominating the applicant for Company Grade
Officer of the Quarter for different periods of time, but neither  was
signed or dated.  There is no indication in his  records  that  either
package was submitted.  The applicant has waited over 12  years  since
the closeout period of the requested decoration before submitting  his
application, without  sufficient  documentation  to  substantiate  his
claim.  An end-of-tour decoration is not automatic.   Therefore,  they
recommend denial of applicant’s request.

On 7 November 2002, DPPPR asked the applicant to provide a copy of the
package recommending him for the MSM for the period July 1987  through
September 1990, since an individual cannot  recommend  himself/herself
for a decoration.  Since no recommendation package was submitted  into
official channels, his request  cannot  be  considered  to  have  been
inadvertently lost  in  administrative  channels.   He  was  asked  to
provide the necessary documentation to substantiate  his  claim.   The
applicant did not respond.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 April 2003, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 11 June 2003, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Mr. John B. Hennessey, Member
                       Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Oct 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 7 Apr 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 11 Apr 03.




                             MICHAEL K. GALLOGLY
                             Panel Chair

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