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AF | BCMR | CY2003 | BC-2003-01111
Original file (BC-2003-01111.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2003-
01111
                                        INDEX CODE:  107.00

                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Commendation Medal  Third  Oak  Leaf  Cluster  (AFCM,
3OLC) and Aerial Achievement Medal First  Oak  Leaf  Cluster  (AAM,
1OLC) be considered in the promotion process for cycle 01E7.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In accordance with AFI 36-2502, page 26,  note  2,  both  of  these
medals meet the criteria for the  consideration  in  the  promotion
process during during the subject cycle.   The  recommendation  for
decoration printout (RDP) dates for both medals are before the date
AFPC made promotion selections (29 May 2001).  Both  medals  closed
out before the  Promotion  Eligibility  Close-out  Date  (PECD)  of
31 December 2000.  He  did  not  receive  the  second  medal  until
November 2001.  Therefore, he could not  dispute  them  until  this
time.

In support of the appeal, applicant submits a personal statement, a
notarized statement from his supervisor at the  time,  a  statement
from the Flying Crew Chief Program Manager, a  statement  from  the
First Sergeant at the time, a copy of Cycle  01E7  Promotion  Score
Sheet, AAM with DÉCOR 6, AFPC’s response with  promotion  selection
date, an excerpt of AFI 36-2502, a copy of the AFCM with  incorrect
date, a copy of the amended AFCM and a copy of  the  correction  of
Military Records  reply.   Applicant's  complete  submission,  with
attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in  the
grade of master sergeant.

The applicant’s total promotion score for the 01E7 cycle was 317.03
and the score required for selection in  his  Air  Force  Specialty
Code (AFSC) was 321.72.  If the decorations (each worth  3  points)
were counted in the applicant’s total  score,  he  would  become  a
selectee for promotion pending a favorable data verification  check
and the recommendation of his commander.  Promotion selections  for
this cycle were made on 29 May 2001 with a public release  date  of
7 June 2001.

EPR profile since 1996 reflects the following:

      PERIOD ENDING                 EVALUATION OF POTENTIAL

         12 Apr 96                                   5
         15 Oct 96                                   5
         15 Oct 97                                   5
         15 Oct 98                                   5
         15 Oct 99                                   5
         15 Oct 00                                   5
         31 Aug 01                                   5
         31 Aug 02                                   5

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB states that these decorations do not meet the  criteria
for promotion credit during cycle 01E7.  The Décor 6  for  the  AAM
(1OLC) was not requested until almost two years after the close out
date and was not placed into official  channels  by  the  commander
until 22 June 2001, after selections had been announced  and  score
notices produced.  The close out date of the AFCM  (3OLC)  was  not
amended to reflect the correct close out date until 9  April  2002,
well after selections had been announced  and  score  notices  were
produced.  In accordance with AFI 36-2803, the Air Force Awards and
Decoration Program, para 3.1, a decoration is  considered  to  have
been  placed   into   official   channels   when   the   decoration
recommendation is signed by the initiating official and indorsed by
a higher official in the chain of command.

After an extensive review of the  circumstances  of  this  case  to
include documentation provided, there  is  no  conclusive  evidence
that either decoration was placed into official channels  prior  to
the date promotions were announced for cycle 01E7 and the applicant
became aware that he had missed promotion.  To approve this request
would not be fair or equitable to many others in the same situation
who miss promotion  selection  by  a  narrow  margin  and  are  not
entitled to  have  an  after  the  fact  decoration  count  in  the
promotion process.  The applicant’s request to have the  decoration
included in the promotion process for this cycle as an exception to
 policy was disapproved by  the  Promotion  Management  Section  at
AFPC.  They concur with this action.   If  the  dates  placed  into
official channels were changed, it would not automatically  entitle
him to be supplementally  considered  for  any  previous  promotion
cycles, as it was not a matter of record  at  the  time  selections
were made.  However, if the AFBCMR grants  the  request,  it  would
direct supplemental promotion consideration for cycle 01E7.   As  a
matter of information, the applicant became a select for  the  next
cycle, 02E7, with a date of rank of 1 March 2003.  Therefore,  they
recommend denial of applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that the
AAM in question closed out before the PECD of  (31  December  2000)
and the Décor 6 RDP dated (22 March 2001) was before the  selection
date  for  promotion  (29  May  2001).   This   medal   meets   all
requirements of AFI  36-2502,  page  26,  Note  2,  and  should  be
included for promotion consideration during cycle 01E7.  AFPC keeps
using 22 June 2001 as the date of entry into official channels  but
the RDP date  is  when  it  was  entered  into  official  channels.
22 June 2001 is when it was signed by the Base Commander.

The AFCM dates were changed on his original medal.   Originally  it
closed out on 16 December 2000.  His supervisor, MSgt E--- and  his
first sergeant, retired SMSgt D---, have both  written  letters  to
attest to the incorrect change in the medal close out date.

Applicant's complete response is attached 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.   The  applicant
believes that the AFCM, 3OLC and the AAM,  1OLC  should  have  been
considered  in  the  promotion  process  during  cycle  01E7.    We
disagree.  Contrary to the applicant’s assertion, according to  AFI
36-2903, paragraph 3.1, “placed in official channels” is defined as
the date the recommending official signs the recommendation  (DÉCOR
6 and justification) and a higher official in the chain of  command
endorses it.  No persuasive evidence has been provided showing that
the awards were placed  into  official  channels  until  after  the
selections for promotion during cycle 01E7 were announced.  In view
of the above and  absent  evidence  to  the  contrary,  we  are  in
agreement with the assessment of the Air Force  office  of  primary
responsibility, which, in  our  view,  has  not  been  successfully
rebutted by the applicant,  and  adopt  their  conclusions  as  our
findings in the case.  Accordingly, we have no basis  on  which  to
favorably consider the applicant’s request.

_________________________________________________________________

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,
AFBCMR Docket No. BC-2003-01111, in Executive  Session  on  9  July
2003, under the provisions of AFI 36-2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Mr. E. David Hoard, Member
                 Mr. James W. Russell III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Mar 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 22 Apr 03.
      Exhibit D. Letter, AFBCMR, dated 2 May 03.
      Exhibit E. Applicant’s Response, dated 28 May 03.




                                        BRENDA L. ROMINE
                                        Panel Chair

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