RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03611
INDEX NUMBER: 131.00
XXXXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_______________________________________________________________
APPLICANT REQUESTS THAT:
His Officer Selection Record for the Calendar Year 1999A (CY99A)
Lieutenant Colonel Selection Board be corrected to include the Air
Medal he was awarded for the period 16 January 1991 to 4 February
1991.
He be granted promotion consideration to lieutenant colonel by Special
Selection Board (SSB) for the CY99A Lieutenant Colonel Selection Board
with the corrected record.
_______________________________________________________________
APPLICANT CONTENDS THAT:
When counting his missions in support of Operation Enduring Freedom for
award of the Air Medal, he discovered that he should have been awarded
the Air Medal for Desert Storm. He has now been awarded that Air Medal
and believes it may have made a difference when he was considered for
promotion to lieutenant colonel.
The applicant’s complete submission, with attachments, is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date is 28 Feb
83. The applicant was considered but not selected for promotion to
lieutenant colonel by the CY99A promotion selection board. On 9 Nov
00, the AFBCMR granted the applicant promotion consideration by SSB for
the CY99A promotion board due to an error in his duty title. The Board
denied the applicant’s request to direct the SSB to score all records
with the intermediate service school (ISS) designator “residence” the
same (See Record of Proceeding at Exhibit B). The applicant was
considered for promotion by SSB on 22 Jan 01 and not selected.
On 20 Sep 01, the AFBCMR denied the applicant’s request for promotion
consideration to lieutenant Colonel by SSB for the CY99A selection
board with a letter he previously wrote to the board president
withdrawn (Exhibit B).
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommends denial of the applicant’s request.
Although the period of the applicant’s Air Medal was from 16 Jan 91 to
4 Feb 91, the orders were not published until 24 Oct 02. As such, it
was not required to be on file in the applicant’s records until 24 Nov
02. This Air Medal was not a matter of record at the time the CY99A
board convened on 19 Apr 99.
The complete evaluation is at Exhibit c.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response to the Air Force evaluation, the applicant states that
his Air Medal was not awarded in 1991 because his seventh mission,
which would have qualified him for the award was copied incorrectly
leaving his name off the source list. Now that the error has been
remedied, he requests promotion consideration by SSB.
The applicant’s complete response is at Exhibit E.
_______________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We believe the applicant should
have been aware of the requirements for award of the Air Medal and, in
reviewing his record, noted that he had not been awarded the medal
based on the missions he had flown. Although the applicant indicates
what the error was that caused him not to be awarded the medal in a
timely manner, he fails to indicate why the error was only discovered
more than ten years after the fact. We note that the applicant was
previously considered for promotion by SSB for the CY99A Lieutenant
Colonel Selection Board based on another error in his record. We
believe that he failed to exercise due diligence in not discovering the
error regarding his award of the Air Medal in a much more timely
manner. Had he done so, the medal would have been included in his
officer selection record, both during his primary promotion selection
board and the SSB that considered him for promotion. Therefore, in the
absence of evidence to the contrary, we do not find a compelling basis
to grant the relief he seeks 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 1 April 2003, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. Vaughn E. Schlunz, Jr., Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPPO, dated 30 Dec02.
Exhibit D. Letter, SAF/MRBR, dated 31 Jan 03.
Exhibit E. Letter, Applicant, dated 27 Feb 03.
THOMAS S. MARKIEWICZ
Vice Chair
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