Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-01546
Original file (BC-2003-01546.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01546
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer  Selection  Record  (OSR)  be  corrected  to  include  the
citations for award of the Meritorious Service Medal, Third  Oak  Leaf
Cluster (MSM, 3OLC), for the period 12 September  1999  to  14 October
2002 and he be considered for promotion to the  grade  of  colonel  by
Special Selection Board (SSB) for  the  Calendar  Year  2002B  (CY02B)
Central Colonel Selection Board, which convened on 3 December 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

According to a non-select briefing by AFPC, his “as met”  records  did
not include the MSM from a previous assignment.   Failure  to  include
this award may have raised undue concern if he was  awarded  a  medal.
The time between the end of tour and the board exceeded  30  days  and
the time between the orders being published on 7 November 2002 and the
board convening on 3 December 2002 almost exceeded  thirty  days.   He
believes the OSB should be updated and latest MSM included in the  “as
met” records.

In support of the appeal, applicant submits a copy of his citation and
orders awarding the MSM, 3OLC.  Applicant's complete submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended active duty in the grade of
lieutenant colonel.

Applicant’s Officer Performance Reports (OPRs) from 1991 through  2002
reflect meets standards on all  performance  factors.   Applicant  was
considered and not selected for promotion to the grade of  colonel  by
the CY02B Central Colonel Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO states that they disagree with the applicant’s  contention.
They state although the  period  of  the  decoration  was  through  14
October 2002, the orders were not published until     7 November 2002.
 AFI 36-2803, Table 3.1, note  5,  directs  forwarding  citations  and
special orders within 30 days of  the  date  the  special  orders  are
published.  Thus, the decoration was not required  to  be  updated  in
MilPDS, and on file in his record, until 7 December 2002.  As such the
decoration was not a matter of record at  the  time  the  CY02B  board
convened on 3 December 2002.  The citation was filed in his OSR on  21
April 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:

Applicant states that while it is his understanding  that  the  review
board at Randolph recommended denial based on a strict  interpretation
of AFI 36-2803, he believes their position  misses  a  broader  point.
One of the routine factors a promotion board would  review  is  awards
and decoration.  For a board as  competitive  as  colonel,  lacking  a
decoration from a prior assignment sends  a  negative  message.   This
negative message is magnified based on the time from Permanent  Change
of Station (PCS) on 14 October 2002 until the board met on 3  December
2002.

Due to a host of administrative reasons, the award was not approved by
his losing organization until after he had completed  his  PCS.   Only
through personal due diligence, did the decoration get  added  to  his
record, albeit not in time for the original board.  Further,  when  he
faxed the decoration  to  AFPC  on  2 December,  he  was  assured  the
decoration would be included  in  the  selection  folder  meeting  the
board.  This did not occur.  By including the decoration in the folder
and meeting the supplemental board, he believes he would stand a  fair
and equitable promotion opportunity.

Applicant's complete response, with attachments, 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of injustice.  The Air  Force  has  indicated  that  the
applicant's  Officer  Selection  Record  (OSR)  did  not  reflect  the
citation for the award of the Meritorious  Service  Medal,  Third  Oak
Leaf  Cluster  (MSM,  3OLC).   It  appears  that  the  applicant  made
reasonable efforts to ensure that his  record  was  correct  when  the
selection board in question considered him for promotion.  There is no
way of knowing for certain the impact the absence of this  information
may have had on the applicant’s promotion opportunity.  In view of the
above and because the award was due for acceptance in the  applicant’s
selection record a mere four days after the selection board  convened,
in an effort  to  remove  any  possibility  of  an  injustice  to  the
applicant, we recommend that his record, to include his corrected  OSB
reflecting the  award  of  the  contested  award,  be  considered  for
promotion to the grade of colonel by a Special Selection  Board  (SSB)
for the CY02B Central Colonel Selection Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT  be  corrected  to  show  that  the  Meritorious
Service Medal, Third Oak Leaf Cluster (MSM, 3OLC), awarded for service
during the period 12 September 1999 to 14 October 2002,  was  accepted
for file in his Officer Selection Record (OSR) on or before 3 December
2002, and, he be considered for promotion to the grade of colonel by a
Special Selection Board (SSB) for the CY02B Central Colonel  Selection
Board.

_________________________________________________________________

The following members of the Board considered  this  application,  BC-
2003-01546,  in  Executive  Session  on  28  August  2003,  under  the
provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. James E. Short, Member
              Mr. Laurence M. Groner, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Apr 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 1 Jul 03.
   Exhibit D.  Letter, SAF/MRBR, dated 11 Jul 03.
   Exhibit E.  Applicant's Response, dated 4 Aug 03, w/atch.



                                   THOMAS S. MARKIEWICZ
                                   Chair






AFBCMR BC-2003-01546
INDEX CODE:  107.00




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, be corrected to show that the Meritorious Service
Medal, Third Oak Leaf Cluster (MSM, 3OLC), awarded for service during
the period 12 September 1999 to 14 October 2002, was accepted for file
in his Officer Selection Record (OSR) on or before 3 December 2002,
and, he be considered for promotion to the grade of colonel by a
Special Selection Board (SSB) for the CY02B Central Colonel Selection
Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2009 | BC-2007-03258

    Original file (BC-2007-03258.docx) Auto-classification: Approved

    An MSM covering three years of his service, to include his successful squadron commander tour, was processed late and narrowly missed being part of his “as met” record for the CY07A Colonel CSB. When several senior officers reviewed his record after the board, their number one observation was that the biggest detractor in his record was the lack of an MSM for his command tour. The applicant provided a DÉCOR 6, dated 20 March 2007, as additional evidence that his leadership intended the MSM...

  • AF | BCMR | CY2003 | BC-2003-01657

    Original file (BC-2003-01657.DOC) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAO states that the applicant’s CY02 Lieutenant Colonel Selection Board Officer Selection Brief (OSB) had inaccurate duty history information, which has now been corrected. A complete copy of their evaluation, with attachment, is at Exhibit C. AFPC/DPPPO states that they disagree with the applicant’s contention that his MSM, 1OLC, decoration was missing from his Officer Selection Record (OSR) when...

  • AF | BCMR | CY2003 | BC-2002-02135

    Original file (BC-2002-02135.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02135 INDEX CODE: 131.01, 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for promotion to the grade of colonel by Special Selection Board (SSB) for the Calendar Year 2001B Central Colonel Selection Board due to a missing decoration citation in his officer selection record (OSR) and...

  • AF | BCMR | CY2002 | BC-2002-01941

    Original file (BC-2002-01941.doc) Auto-classification: Denied

    He included the citation and orders awarding him the MSM, 3OLC. For purposes of including this decoration in a board that convened on 5 November 2001, the decoration did not yet exist. Nevertheless, we are not sufficiently persuaded that the absence of the contested award was the sole cause of the applicant’s non-selection for promotion to the grade of lieutenant colonel, nor has the applicant provided sufficient evidence that he would have been promoted had this award been in his...

  • AF | BCMR | CY2002 | 0201941

    Original file (0201941.doc) Auto-classification: Denied

    He included the citation and orders awarding him the MSM, 3OLC. For purposes of including this decoration in a board that convened on 5 November 2001, the decoration did not yet exist. Nevertheless, we are not sufficiently persuaded that the absence of the contested award was the sole cause of the applicant’s non-selection for promotion to the grade of lieutenant colonel, nor has the applicant provided sufficient evidence that he would have been promoted had this award been in his...

  • AF | BCMR | CY2006 | BC-2004-02181

    Original file (BC-2004-02181.doc) Auto-classification: Approved

    He believes the absence of this information prejudiced his consideration for promotion to the grade of colonel. He states the Air Force awarded him two DFC (Basic) awards in 1992 and later claimed that one of the DFCs had not been awarded until after his colonel selection board. Although the panel has recommended the applicant’s records, to include two Air Medals (AMs) and a Meritorious Service Medal (MSM), be considered by an SSB for the CY01B board, they do not recommend the DFC, 1 OLC,...

  • AF | BCMR | CY2003 | BC-2003-01103

    Original file (BC-2003-01103.doc) Auto-classification: Approved

    The Officer Selection Brief (OSB) reviewed by the CY02B board listed the MSM, 1 OLC, awarded in 2001; however, a copy of the certificate/citation was not in his Officer Selection Record (OSR). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPO recommends the application be denied and states, in part, that although a copy of the citation was missing from his OSR when it met the CY02B board, the decoration was indicated on his OSB. Although...

  • AF | BCMR | CY2006 | BC-2005-03804

    Original file (BC-2005-03804.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03804 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY COMPLETION DATE: 17 JUNE 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Selection Record (OSR) be corrected to include the Officer Performance Report (OPR) rendered for the period 21 June 2004 through 20 June 2005; the award of the...

  • AF | BCMR | CY1999 | 9803038

    Original file (9803038.doc) Auto-classification: Denied

    Applicant’s Officer Selection Record (OSR) at the time the CY98B board convened did not contain a copy of the citation to accompany the award of the MSM (2OLC). 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 in reference to paragraph e, pertaining to the MSM 2OLC, if the only goal is to make board member...

  • AF | BCMR | CY2002 | BC-2002-02041

    Original file (BC-2002-02041.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02041 INDEX NUMBER: 131.00 XXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Selection Record (OSR) be corrected to include a copy of the Meritorious Service Medal (MSM) Third Oak Leaf Cluster (3OLC) he was awarded for the period 13 May 96 to 15 Jul 00 and his...