RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-00013
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM),  Third  Oak  Leaf  Cluster
(3OLC), be changed to a Meritorious Service Medal (MSM).

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APPLICANT CONTENDS THAT:

He was presented an MSM at his retirement ceremony on  20  Sep  00.
His unit ensured that he would get the original (sealed)  MSM  soon
after his ceremony.  He reviewed  his  airman  performance  reports
(APRs) and enlisted performance reports (EPRs) and received all 9’s
(APRs) and 5’s (EPRs).

In  support  of  his  appeal,   applicant   submitted   copies   of
correspondence to his member of congress, with the response; copies
of his DD Form 214, Certificate of Release or Discharge from Active
Duty, and retirement orders; a copy of his citation  for  award  of
the MSM; copies of the special  order  and  citation  to  accompany
award of the AFCM (3OLC); and his APRs  and  EPRs  for  the  period
4 Dec 80 through 1 Mar 00.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 4 Dec 80, applicant contracted his  initial  enlistment  in  the
Regular Air Force and served on continuous active  duty  until  his
retirement on 1 Jan 01.  He was progressively promoted to the grade
of staff sergeant (SSgt/E-5), with a date  of  rank  and  effective
date of 1 Aug 91.

Applicant’s last six enlisted performance  reports  (EPRs)  reflect
overall promotion recommendations of “5.”

On  31  Dec  00,  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3203, and retired  effective  1  Jan  01.   He
served 20 years and 27 days of active duty.

Per Special Order GG-0130, dated 20 Mar 02, applicant  was  awarded
the AFCM (3OLC) for meritorious service during the period  4 Aug 96
to 31 Dec 00.

Applicant’s records reflect award  of  the  Air  Force  Achievement
Medal with 3 devices, Air Force Commendation Medal with 2  devices,
Air Force  Longevity  Service  Medal  with  3  devices,  Air  Force
Training Ribbon, Air Force Overseas Short Tour  Ribbon,  Air  Force
Overseas Long Tour Ribbon with 1 device, National  Defense  Service
Medal, Humanitarian Service Medal, NCO  PME  Ribbon,  Armed  Forces
Expeditionary Medal, NATO Medal, Air Force Outstanding  Unit  Award
with 4 devices, Air Force Good Conduct Medal with  5  devices,  and
the Military Outstanding Volunteer Service Medal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial.
They state that the applicant has not  provided  any  documentation
that would substantiate his claim of having been awarded an MSM  as
a retirement decoration.  However, they find it plausible that  his
commander, not waiting for the decoration package to be  completed,
assumed an MSM would be approved, and read an MSM citation  at  the
applicant’s  retirement  ceremony.   On   the   other   hand,   the
applicant’s last day of duty was 31 Dec 00; therefore,  it  is  not
reasonable that he would be awarded an MSM with the  closeout  date
of 1 Oct 00.

The fact that the decoration process was initiated  on  12  Jan  00
(RDP date on the order) shows that the recommendation was initiated
well in advance of the applicant’s  terminal  leave  date  and  his
established retirement date.  The  applicant  may  well  have  been
recommended for an MSM for his retirement, but  the  Major  Command
apparently did not feel that the commander’s recommendation met the
criteria for the MSM and downgraded the decoration to an AFCM.

A complete copy of the evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 7 Feb 03 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

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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   warranting
favorable action on the applicant’s  request  to  upgrade  his  Air
Force Commendation Medal, Third Oak Leaf Cluster, (AFCM(3OLC), to a
Meritorious Service Medal (MSM).  We took notice of the applicant’s
complete submission in judging the merits of the case.   While  the
applicant may have been recommended for award  of  the  Meritorious
Service Medal (MSM) as a retirement decoration, we find no evidence
that the recommendation had been completed and approved.   Nor  did
we find any evidence  that  the  approval  authority  abused  their
discretionary authority in downgrading the  decoration  to  an  Air
Force Commendation Medal.  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 AFBCMR Docket  Number
BC-2003-00013 in Executive  Session  on  21  May  2003,  under  the
provisions of AFI 36-2603:

      Mr. Thomas J. Topolski Jr., Panel Chair
      Ms. Marilyn Thomas, Member
      Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 28 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Feb 03.




                                   THOMAS J. TOPOLSKI JR.
                                   Panel Chair