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AF | BCMR | CY2004 | BC-2002-04071
Original file (BC-2002-04071.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-04071
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force Achievement Medal, First  Oak  Leaf  Cluster  (AFAM,  1  OLC),
awarded for the period 24 April 1999 to 23 April 2001,  be  upgraded  to  an
Air Force Commendation Medal, Second Oak Leaf Cluster (AFCM, 2 OLC),  or  in
the alternative, the AFAM, 1 OLC, be removed from his records.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was recommended for award  of  the  AFCM,  2  OLC;  however,  due  to  an
administrative  failure,  it  was  downgraded  to  the  AFAM,  1  OLC.   His
immediate chain of command was never contacted regarding the downgrading  of
the  recommendation  and  was  never  provided  an  opportunity  to   submit
additional justification for the AFCM.

In support of the  appeal,  applicant  submits  copies  of  the  orders  and
citation/certificate to  accompany  the  award  of  the  AFAM,  1  OLC,  and
statements from his former chain of command officials.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of  technical
sergeant.

On 29 December 2000, a Recommendation  for  Decoration  Printout  (RDP)  was
prepared for the purpose of recommending the applicant  for  an  end-of-tour
decoration.

On 17 May 2001, he was awarded the AFAM,  1  OLC,  for  meritorious  service
during the period 24 April 1999 to 23 April 2001.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
although the request for  reconsideration  was  properly  processed  through
administrative channels, the final approval authority  refused  to  consider
processing the request.  The final approval authority  stated  that  he  did
not support upgrading the award  and  that  the  AFAM  was  the  appropriate
decoration.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The approval authorities did not give any legitimate  consideration  to  the
award of the AFAM, 1 OLC.  The decoration he received is inaccurate and  not
representative of his service during the period of the award.  He  performed
his military duties honorably.  His immediate chain  of  command  recognized
his performance and recommended him for an AFCM.  Furthermore,  the  blatant
inaccuracies contained within the award citation  punctuate  the  misgivings
of the system.

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim  of  an  error  or  injustice  to
warrant upgrading the AFAM, 1  OLC,  to  the  AFCM,  2  OLC.   Nor  did  the
evidence provided persuade us that the AFAM, 1OLC, should  be  removed  from
the applicant’s records.   In  this  regard,  we  note  that  the  governing
instruction, AFI 36-2803, paragraph 3.5, provides that a member  may  refuse
to accept an approved decoration and may elect not to wear that  decoration.
 However, the decoration is updated as an approved award and  the  documents
which prove the individual did  not  accept  the  award  are  filed  in  the
individual’s Unit Personnel Records Group (UPRG) along with a  copy  of  the
citation and special order.  In view of the foregoing, and  in  the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.
_________________________________________________________________

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  Docket  Number  BC-2002-04071
in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Ms. Kathy L. Boockholdt, Member
                       Mr. Michael J. Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.
    Exhibit E.  Letter, Applicant, dated 2 Apr 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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