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AF | BCMR | CY2003 | BC-2003-01758
Original file (BC-2003-01758.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01758
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be provided Special Selection  Board  (SSB)  consideration  by  the
Calendar Year  2002B  (CY02B)  Central  Lieutenant  Colonel  Selection
Board, with inclusion of the Officer Performance Report (OPR)  closing
2 Sep 02, the Meritorious Service Medal (MSM), First Oak Leaf  Cluster
(1OLC), and the Joint Service Achievement Medal (JSAM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR closing 2 Sep 02, the MSM (1OLC), and the JSAM were not in his
records  when  he  was  considered  for  promotion  to  the  grade  of
lieutenant colonel by the CY02B board, despite  his  vigorous  efforts
over several months to have them included in his record prior  to  the
convening of the board.

In support of his appeal, the applicant provided  a  missing  document
timeline, a personal statement, and an excerpt of AFI 36-2406.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
major, having been promoted to that  grade  on  1 Jan 99.   His  Total
Active Federal Military Service Date (TAFMSD) is 28 Jul 87.

Applicant's OPR profile since 1992 follows:

      PERIOD ENDING    EVALUATION

      29 Oct 92              Meets Standards
      29 Jun 93              Meets Standards
      29 Jun 94              Meets Standards
      29 Jun 95              Meets Standards
      29 Jun 96              Meets Standards
      29 Jun 97              Meets Standards
       1 Feb 98              Meets Standards
       1 Feb 99              Meets Standards
       1 Feb 00              Meets Standards
       1 Feb 01              Meets Standards
  #    1 Feb 02              Meets Standards
  *    2 Sep 02              Meets Standards

* Contested Report.

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of lieutenant colonel by the  CY02B  Lieutenant
Colonel Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO indicated that they concur with the applicant's  contention
that his OPR closing 2 Sep 02 should have been a part of  his  Officer
Selection Record (OSR) when he was considered  for  promotion  by  the
CY02B board; and, that SSB consideration is warranted.

AFPC/DPPPO recommended denial of the applicant’s request for SSB  with
inclusion of the  MSM  (1OLC)  and  JSAM.   They  disagreed  with  the
applicant's contention that his MSM (1OLC) was missing  from  his  OSR
when he was considered by the CY02B board.  According  to  AFPC/DPPPO,
the decoration was  considered  to  have  been  processed  within  the
constraints of the AFI and was not a matter of record at the time  the
board was convened.  Regarding the JSAM, AFPC/DPPPO  stated  that  the
applicant did not provide a copy of the citation or the special  order
awarding him the JSAM; however, they were able to obtain  copies.   In
reviewing these documents, they noted that the inclusive  dates  cited
on the decoration were not the same as shown on the special order.  It
appears that the dates on the special order were  incorrect.   If  the
applicant desires to correct  the  special  order,  he  will  have  to
contact the awarding authority to have an amendment accomplished.

A complete copy of the AFPC/DPPPO, with attachments, evaluation is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  29
Aug 03 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

By letter, dated 30 Oct 03, the applicant’s former  rater  provided  a
statement in his behalf, indicating that it was his intent to have the
MSM (1OLC) included in the applicant’s records prior to the  convening
of the CY02B board (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 error or injustice  concerning  the  applicant’s  request
that he be given SSB consideration with inclusion of his OPR closing 2
Sep 02, the MSM (1OLC), and the JSAM.

      a.  We note that the applicant’s OPR closing  2  Sep  02  should
have been a part of his OSR when he was considered  for  promotion  to
the grade of lieutenant colonel by the CY02B board.

      b.  Concerning his request for an  SSB  with  inclusion  of  the
JSAM, after a thorough review of the facts and circumstances  of  this
case, we are persuaded that the decoration was  not  included  in  his
records prior to the convening of the board because of an unreasonable
administrative delay in the processing of the medal.  In addition,  it
appears that the inclusive dates for the JSAM  on  the  special  order
awarding the medal are incorrect and should be changed  to  the  dates
indicated on the citation.

      c.  With regard to the MSM (1OLC), we note that  it  was  not  a
matter of record at the time the CY02B board convened.   However,  the
applicant has provided a statement from his  former  rater  indicating
that it was  his  intent  to  have  the  decoration  included  in  the
applicant’s records prior to the convening of the board.  We  have  no
basis to question the integrity of this individual.

      d.  In view of the foregoing, we recommend that the  applicant’s
records be corrected to reflect that he was awarded the JSAM  for  the
period 9 Nov 01 to 18 Jan 02, rather than for the period 11 Sep 01  to
17 Dec 02.  We further recommend that his records, to include his  OPR
closing 2 Sep 02, the MSM (1OLC), and  the  JSAM,  be  considered  for
promotion to the grade of lieutenant colonel by an SSB for  the  CY02B
Lieutenant Colonel Board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  awarded  the
Joint Service Achievement Medal  (JSAM)  for  meritorious  achievement
during the period 9 Nov 01 to 18 Jan 02, rather than during the period
11 Sep 01 to 17 Dec 02.

It is further recommended that his records,  to  include  the  Officer
Performance Report (OPR), AF Form 707A, rendered for the period 2  Feb
02 through 2 Sep 02, the Meritorious Service Medal  (MSM),  First  Oak
Leaf Cluster (1OLC), and the Joint Service Achievement  Medal  (JSAM),
be considered for promotion to the grade of lieutenant  colonel  by  a
Special Selection Board for the Calendar Year 2002B (CY02B) Lieutenant
Colonel Central Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-01758 in Executive Session on 7 Oct 03 and 18 Nov 03,  under  the
provisions of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Leslie E. Abbott, Member
      Mr. John B. Hennessey, Member

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

     Exhibit A.  DD Form 149, dated 20 Apr 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 26 Aug 03.
     Exhibit D.  Letter, SAF/MRBR, dated 29 Aug 03.
     Exhibit E.  Letter, on applicant’s behalf, dated 30 Oct 03.




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2003-01758




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 he was awarded the
Joint Service Achievement Medal (JSAM) for meritorious achievement
during the period 9 Nov 01 to 18 Jan 02, rather than during the period
11 Sep 01 to 17 Dec 02.

            It is further directed that his records, to include the
Officer Performance Report (OPR), AF Form 707A, rendered for the
period 2 Feb 02 through 2 Sep 02, the Meritorious Service Medal (MSM),
First Oak Leaf Cluster (1OLC), and the JSAM, be considered for
promotion to the grade of lieutenant colonel by a Special Selection
Board for the Calendar Year 2002B (CY02B) Lieutenant Colonel Central
Selection Board.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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