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AF | BCMR | CY2003 | BC-2003-01913
Original file (BC-2003-01913.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01913
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of colonel by a special
selection board (SSB) for the FY02 USAFR Colonel  Selection  Board,
with the Meritorious Service Medal (MSM) covering the period 1  Jul
98 to 30 Jun 01 included in his officer selection record (OSR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

Since the MSM award period occurred before the date of the original
promotion selection board for which an SSB is being conducted,  and
in consideration  of  the  excessive  and  unreasonable  decoration
processing and approval time, his MSM should also  be  included  in
his OSR for the SSB.

In support of his appeal, applicant submitted a personal statement,
a copy of letter from the 159th Medical Squadron, dated  31 May 01;
copies of emails between the applicant, the 159TH MPF, and HQ ARPC;
and a copy of Special Order GQ-1, dated 1 Oct 02, awarding the MSM.
 Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant, a Reserve officer, is currently serving in the grade
of colonel, with a promotion service  date  and  date  of  rank  of
1 Mar 03, as a Health Service Administrator.

Applicant is scheduled to meet an SSB  in-lieu-of  the  FY02  USAFR
Colonel Selection Board, which originally convened on  15  Oct  01.
The  SSB  was  awarded  because  the   AF   Form   709,   Promotion
Recommendation  Form  (PRF),  and  the  AF   Form   707A,   Officer
Performance Report (OPR),  closing  5  Jun  01,  were  not  in  his
selection record when it was presented to the FY02 board.




Per Special Order GQ-1, dated 1 Oct 02, he was awarded the MSM  for
outstanding  non-combat  meritorious  service  during  the   period
1 Jul 90 to 30 Jun 01.  The Recommendation for Decoration  Printout
(RDP) date is listed as 23 Sep 02.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommended denial of the  applicant’s  request.   They
stated that the MSM in question was  awarded  after  the  selection
board in question.  The order originating  and  authenticating  the
MSM is effective 1 Oct 02.  The MSM was not published until  nearly
one year after the board.

The SSB must be constructed as  it  should  have  appeared  at  the
original board.  The FY02 colonel board should have  contained  the
officer’s OPR and PRF.  The MSM is not eligible for  the  promotion
board to consider as part  of  the  selection  record  in  the  SSB
process.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original request that the MSM be  included
in his OSR for the SSB.  He states that he has been awarded an  SSB
because several documents were not in his OSR when it was presented
to the FY02 board.  The same argument could be made for the MSM.

Applicant’s complete response 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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  In this  respect,
we note that the contested  Meritorious  Service  Medal  (MSM)  was
awarded to  the  applicant  per  orders  published  on  1  Oct  02.
Therefore, it was not required to be filed in his Officer Selection
Record (OSR) for consideration by the FY02 USAFR Colonel  Selection
Board, which convened on 15 Oct 01, almost one year earlier.  While
we agree that the period of the award, 1 Jul 98 through 30 Jun  01,
was well before the convening of the FY02 board,  until  the  award
recommendation was approved and official orders issued,  the  award
did not exist.  The convening dates of selection boards are  widely
publicized.  Therefore, it was incumbent upon the applicant’s chain
of command to follow the processing of the award to insure that  it
reached  his  selection  folder  prior  to  the  convening  of  the
promotion board, if  they  desired  it  to  be  considered.   After
thorougly reviewing the documentation that has  been  submitted  in
support of the applicant’s appeal, it is our opinion  that  he  has
failed to sustain his  burden  of  establishing  the  existence  of
either an error or an injustice warranting approval of his 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 AFBCMR Docket  Number
BC-2003-01913  in  Executive  Session  on  20  Aug  03,  under  the
provisions of AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Ms. Leslie Abbott, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 12 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.
    Exhibit E.  Letter, Applicant, dated 14 Jul 03.




                                   OLGA M. CRERAR
                                   Panel Chair

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