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
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