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AF | BCMR | CY2004 | BC-2003-02097
Original file (BC-2003-02097.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-02097
                       INDEX CODE 131.01  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be given Special Selection Board (SSB)  consideration  for  the
Calendar Year 2002C (CY02C) Lieutenant Colonel (LTC)  Selection  Board
with the following awards in his Officer Selection Record (OSR):

            a.  The Defense Meritorious Service Medal (DMSM)  for  the
period 1 Jul 99-10 Jul 02.

            b.  The Joint Service Achievement Medal  (JSAM)  [1st  Oak
Leaf Cluster (1OLC)] for the period 1 Oct 01-4 Feb 02.

            c.  The Coast Guard Meritorious Team Commendation  (CGMTC)
for the period Dec 00-Sep 02.

            d.  The Armed Forces Service Medal (AFSM) for  the  period
10 Oct-9 Dec 94.

            e.  The Humanitarian Service Medal (HSM)  for  the  period
21 Oct-13 Nov 98.

_________________________________________________________________

APPLICANT CONTENDS THAT:

These decorations were missing from his OSR when the  board  convened.
He provides email traffic showing attempts to correct his records  and
that AFPC was notified to update his OSR before  the  board  met.  The
special order correcting the DMSM was also missing. The JSAM was being
processed since 2002 but was not  signed  until  recently.  His  files
should have been updated when the AFSM was approved in  1996  for  his
deployment in direct support of Operation Provide Promise. He was  not
aware of his eligibility for this award until Mar 03.  In  Mar  03  he
also discovered he was eligible for the HSM. However, HSMs have a two-
year limitation for submission. While stationed at  Lackland  AFB,  he
provided humanitarian relief to families along the  flooded  Guadalupe
River during the South Texas flood (10 Oct-13 Nov 98). On his weekends
and nights, he provided immediate  assistance  working  with  the  Red
Cross  helping  remove  mud/debris,  renovating  flooded  homes,   and
providing clothing/blankets/hot meals to flood-stricken families.

The  applicant’s  former  rater  provides   a   supporting   statement
indicating the JSAM originated on approximately 2 Apr 02 but  was  not
acted upon by the additional rater prior to his departure  on  26  May
02. The applicant’s  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was awarded the JSAM (basic) for the period 10 Oct-9 Dec
94, and the citation was filed in his OSR on 3 Dec 01.

He was mistakenly awarded  the  Meritorious  Service  Medal  (MSM)  by
Special Order GJ-064, dated 16 Jul 02. This order was later amended by
Special Order GJ-095, dated 30 Sep 02, to reflect award  of  the  DMSM
instead of the MSM.

The applicant was considered but not  selected  by  the  CY02C  board,
which convened on 3 Dec 02. The OSB reflects the following awards: the
DMSM (2002), the Air Force Commendation Medal, the basic JSAM, and the
Air Force Achievement Medal. However, the citation and  special  order
for the DMSM were not included in the OSR.

The Military Personnel Flight Memorandum (MPFM) 02-29 (Exhibit C) does
not include the  AFSM  and  the  CGMTC  as  awards  authorized  to  be
displayed on the OSB. A maximum of seven different decorations can  be
entered on the brief.

An AETC Form 114, Indorsement for Decoration, for the second JSAM  was
signed by indorsing officials on 4 Apr 03, and the Recommendation  for
Decoration for the second JSAM was signed by the  rater  on  2 Jun  03
(Exhibit A). In both instances, the award was not properly  identified
as the second JSAM [1OLC]. The decoration was awarded to the applicant
by Special Order GJ-091, dated 30 Jun 03, which was  after  the  CY02C
board. Neither the citation nor  the  special  order  for  this  award
correctly identifies the JSAM as the second, or 1OLC, award.

AFI 36-2803, paragraph 3.1 states  recommendations  are  entered  into
official channels within two years and awarded within three  years  of
the act, achievement, or service performed, and  Table  3.1,  Note  5,
directs forwarding citations and special orders within 30 days of  the
date the special orders are published. Based on  this  directive,  the
special order and citation for the JSAM [1OLC] were not due  for  file
until 30 Jul 03, after the CY02C board.

With regard to the HSM in question:

      DODM 1348.33 indicates that the Services have two years from the
time of an event to submit a request for establishing the incident  as
an HSM event. The HSM is an individual, not a unit, award. At the time
of the event, an individual has to be named  to  participate  in  that
specific operation for the time period designated. Each  orderly  room
typically takes the names and other pertinent data of each  individual
who participated in the  operation.  It  is  the  prerogative  of  the
service centers to determine the need for record keeping, such as name
lists. Based on emails from HQ AFPC/DPPPR, the HSM for the South Texas
Flood (21 Oct-13 Nov 98) was approved on 9 Nov  00.  Air  Force  bases
eligible for the HSM South Texas Flood were Brooks,  Kelly,  Lackland,
and Randolph. The applicant was assigned to Lackland AFB during 28 Jun
97-30 Jun 99. His Officer Performance Reports (OPRs) make  no  mention
of his having participated in the South Texas  Flood  operation.   The
applicant can obtain verification from Lackland AFB as to  whether  he
was a participant in this operation.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO agrees that, since the special order for  the  DMSM  was
published prior to the board’s convening date, SSB consideration  with
its inclusion in his OSR would be appropriate. As for the JSAM,  since
the applicant was awarded the basic JSAM for the period closing 9  Dec
94, the special order and citation awarding him the second JSAM should
reflect 1OLC. The applicant  should  request  an  amendment  from  the
decoration awarding authority to  correct  both  of  these  documents.
Secondly, although the JSAM period was through 4 Feb 02,  the  special
order was not published until 30 Jun 03.  Thus,  his  record  did  not
contain the citation nor was it reflected in  the  Military  Personnel
Data System (MilPDS). According to governing directives,  neither  the
JSAM special order nor the citation were due for file until 30 Jul 03,
and the decoration would not have been a matter of record at the  time
the board convened. The applicant’s request to include  the  AFSM  and
CGMTC is unfounded, as these decorations are not listed among the MPFM
02-29 for the CY02C board. As such, these awards are not authorized to
be reflected on the OSB. The citations filed in the OSR should  mirror
the decorations displayed on the OSB. The only way to ensure the board
members’ knowledge of his receipt of these awards would have been  for
him to write a letter to the  board  president,  which  the  applicant
apparently did not do because he had been misled.  Therefore,  partial
approval  is  recommended.  The  applicant  should  be  afforded   SSB
consideration for the CY02C board with the DMSM included  in  his  OSR
and  an  opportunity  to  write  a  letter  to  the  board   president
identifying the CGMTC and the AFSM. Inclusion of the  JSAM  should  be
denied.

A complete copy of the evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 3 Oct 03 for review and comment within 30  days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 to  warrant  partial  relief.  The
initial special order for the DMSM had to be reaccomplished because it
incorrectly awarded the applicant the MSM. However, as pointed out  by
the Air Force, the special order for the DMSM was published  prior  to
and should have been filed when the CY02C board convened. The  special
order for the second JSAM,  on  the  other  hand,  was  not  only  not
published  until  after  the  board  convened,  but  also  incorrectly
identified the award as a basic JSAM rather than  as  the  applicant’s
second JSAM. Further, the applicant’s submission has not persuaded  us
his chain of command intended it to be in his records  for  the  CY02C
board’s  consideration.  Accordingly,  we   do   not   recommend   SSB
consideration for the CY02C board with this decoration on file, as  it
did not exist at the time of that board, although we  do  suggest  the
applicant have the special order and citation  for  the  JSAM  amended
through administrative channels to reflect “1OLC.” With regard to  the
HSM, the applicant has provided no evidence verifying he was  a  named
participant during the South Texas Flood  humanitarian  operation  for
the period 21 Oct-13 Nov 98, and his available records do not document
his participation in this effort. However,  we  suggest  he  ascertain
through Lackland AFB whether he was, in fact, a participant. Like  the
CGMTC and the AFSM, the HSM is not listed on the MPFM  02-29  for  the
CY02C board as an award that is included on an  OSB.  However,  should
the applicant obtain official confirmation that he was a  South  Texas
Flood participant and is entitled to the HSM, we see no reason why  he
could not  include  that  fact  in  his  letter  to  the  CY02C  board
president, along with mention of the CGMTC and the AFSM.  In  summary,
the applicant should have the citation  and  order  for  the  JSAM  in
question administratively corrected to reflect it is his second  JSAM.
However, its inclusion in the CY02C  OSB  should  be  denied.  If  the
applicant obtains official documentation that he is a recipient of the
HSM, he could mention receipt of that award, along with the CGMTC  and
the AFSM, in his letter to  the  CY02C  board  president  when  he  is
afforded SSB consideration for the CY02C board.  The  DMSM  should  be
reflected on his CY02C OSB and the special order and  citation  should
be filed in his selection folder. We are aware that when the applicant
is scheduled for SSB consideration, he will be provided an opportunity
to write his letter to the selection board president. The  applicant’s
records, therefore, should be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT,  be  corrected  to  show  that  the   Defense
Meritorious Service Medal (DMSM) for the period  1  July  1999-10 July
2002 was accepted  for  file  on  2  December  2002  and  that  he  be
considered for promotion to the grade of lieutenant colonel by Special
Selection Board for the Calendar Year 2002C (CY02C) Lieutenant Colonel
Selection Board with inclusion of the DMSM, and  he  be  provided  the
opportunity to submit a letter to the board  president  regarding  the
Coast Guard Meritorious Team Commendation for the period December 2000-
September 2002, the Armed Forces  Service  Medal  for  the  period  10
October-9  December  1994,  and,   if   officially   documented,   the
Humanitarian Service Award for the South Texas Flood for the period 21
October-13 November 1998.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 12 November 2003 under the provisions of AFI  36-
2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Ms. Patricia Kelly, Member
                 Mr. James W. Russell III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2003-02097 was considered:

   Exhibit A.  DD Form 149, dated 20 Jun 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 23 Sep 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair



AFBCMR BC-2003-02097




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 Defense
Meritorious Service Medal (DMSM) for the period 1 July 1999-10 July
2002 was accepted for file on 2 December 2002 and that he be
considered for promotion to the grade of lieutenant colonel by Special
Selection Board for the Calendar Year 2002C (CY02C) Lieutenant Colonel
Selection Board with inclusion of the DMSM, and he be provided the
opportunity to submit a letter to the board president regarding the
Coast Guard Meritorious Team Commendation for the period December 2000-
September 2002, the Armed Forces Service Medal for the period 10
October-9 December 1994, and, if officially documented, the
Humanitarian Service Award for the South Texas Flood for the period 21
October-13 November 1998.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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