RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02361
            INDEX CODE:  107.00

            COUNSEL:  VICTOR KELLEY

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Joint Service Achievement Medal (JSAM)  be  updated  to  Joint
Service Commendation Medal (1OLC) for the period of 25 April  1995  to
25 July 1995.

2.  He receive promotion re-evaluation retroactive to July 1995.

3.  He  be  awarded  pay,  allowances,  compensation  endowments   and
benefits retroactive to July 1995.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Award nomination records were lost or misplaced by  Joint  Task  Force
(JTF) 160, Guantanamo  Bay,  Cuba  as  a  result  of  deactivation  in
February 1996 and JTF 160’s higher  headquarters,  USACOM,  failed  to
account for them.

In support of the appeal,  applicant  submits  a  statement  from  the
Counsel, with four enclosures:  The Information and Privacy Act  Form,
with 14 Tabs, a letter from U.S. Joint Forces  Command,  a  memorandum
dated 21 July 2001, an e-mail message dated 30  May  2002;  also,  two
copies of the announcement of the JSAM, a copy of the  certificate,  a
copy of the citation, a copy of his DD Form 214, and a copy of  an  e-
mail message dated 25 August 2003.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 February 1977.

EPR profile since 1992 reflects the following:


      PERIOD ENDING                 EVALUATION OF POTENTIAL

          6 Jul 92                        4
          6 Jul 93                        5
          6 Jul 94                        5
          6 Jul 95                        5
          6 Jul 96                        5
          6 Jul 97                        5
          6 Jul 98                        5
         19 Jan 99                        5
         30 Sep 99                        5
         30 Sep 00                        5
         30 Sep 01                        5
         30 Sep 02                        5

The applicant was TDY to Joint  Task  Force-160  (JTF-160)  Guantanamo
Bay, Cuba from 25 April 1995 to 25 July 1995  as  a  linguist  in  the
medical field.  Upon his departure, he was recommended  for  award  of
the Joint Service Commendation Medal with one oak leaf  cluster.   The
original package  was  forwarded  from  JTF-160  to  the  next  higher
command, US Atlantic Command (USACOM) for final  approval/disapproval.
The  original  package  was  inadvertently  lost   in   administrative
channels, so a second package was submitted.  The second  package  was
also lost, and a third package was submitted.  The third  package  was
processed, and USACOM downgraded the decoration  to  a  Joint  Service
Achievement Medal.

Based on his 10 April 2003 application, he was  relieved  from  active
duty on 31 July 2003 and retired on 1 August  2003  in  the  grade  of
Senior Master Sergeant.  He served 26 years, 5 months and  8  days  of
total active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states that although a  decoration  package  was  submitted
recommending the applicant for award of the Joint Service Commendation
Medal, it does not mean it would  have  been  automatically  approved.
USACOM, as the final approval authority, reviewed all joint decoration
submissions from JTF-160.  Therefore, they were in possession of  more
facts than are available at this time,  and  they  were  in  the  best
position to compare the applicant’s accomplishments with those of  his
peers.  On 19 March 2001, the Commander in Chief of  USACOM  responded
to a congressional inquiry regarding the applicant’s  decoration,  and
stated that the applicant’s request to upgrade his decoration did  not
have merit, and he  received  the  appropriate  level  of  decoration.
Since the JTF-160 commander’s policy was that everyone assigned to the
JTF would receive at least a Letter of Commendation, they believe that
the   applicant   received    appropriate    recognition    for    his
accomplishments.  Therefore,  they  recommend  denial  of  applicant’s
request.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPPWB states the first time the decoration was considered in the
promotion process was cycle 97E8.  Should it be upgraded, it would not
automatically  entitle  the  applicant   to   supplemental   promotion
consideration as it was not a matter of  record  at  the  time  boards
convened for any past cycles.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel for the applicant states the Air Force Personnel Center  makes
certain findings of fact.  An application of those findings  of  facts
to  the  issues  before  the  AFBCMR  clearly  establishes  at   least
inadvertence on behalf of the applicant’s chain of command.  In  those
findings, the Air Force Personnel Center  includes  the  following  as
fact:

    That the applicant was initially recommended for a  Joint  Service
Commendation Medal;

    When that recommendation was lost  “in  administrative  channels,”
(through no fault of the applicant) another one was submitted;

Upon resubmission, the “second package was also lost;”

    Finally, and thereafter, a “third package”  was  submitted  which,
after passage of  some  years,  was  downgraded  to  a  Joint  Service
Achievement Medal.

As justification for its recommendation, the Personnel Center cites an
assumption on its part that is  impossible  to  refute;  specifically,
that “they  [USACOM]  were  in  possession  of  more  facts  than  are
available  at  this  time  …  .”   The  fact  is,  the  applicant  was
recommended by his Command for a  Joint  Service  Commendation  Medal.
That recommendation and a  subsequent  one  were  both  “inadvertently
lost.”  In excess of two years after his period of TDY to  Joint  Task
Force - 160 was completed, the applicant received an order from USACOM
indicating that the Joint Service Commendation Medal had been  awarded
to him.  USACOM’s permanent Order J01-479-97 clearly acknowledges  the
award of  the  Joint  Service  Commendation  Medal  to  the  applicant
effective August 1, 1997.  This award is  completely  consistent  with
documentation contained in  our  original  memorandum  in  support  of
application wherein both the award initiator,  Captain  B---  and  his
Personnel Administrative Specialist, SSgt R---  state  that  in  their
collective best  knowledge,  information,  and  belief,  the  original
nomination resulted in the awarding of the Joint Service  Commendation
Medal to the applicant.  Clearly,  a  preponderance  of  the  evidence
indicates that the Joint Service  Commendation  Medal  was  originally
awarded to  the  applicant.   The  resulting  confusion  was  command-
generated and is in  no  way  the  applicant’s  fault.   But  for  the
government’s clumsy handling of each of the  recommendation  packages,
it would have been unnecessary to subject applicant to the preparation
and expense of submitting this application.

Finally, and at the risk of departing from the undersigned’s  role  of
attorney on behalf of the applicant, he (counsel)  personally  submits
the following.  Applicant has recently retired from the United  States
Air Force.  Although they have submitted their application asking  for
plenary relief, the  applicant  has  related  to  him  in  the  utmost
sincerity in more than one private conversation that his  request  for
supplemental promotion consideration for past cycle is ancillary.   He
is now retired after many years of honorable service to the Air  Force
and to his country and principally seeks official recognition for  the
singular service that he rendered to the Air Force while  assigned  to
Joint Task Force - 160.  In the  spirit  of  that  modest  request,  a
request to  be  appropriately  recognized  for  the  service  that  he
rendered, the applicant submits this application.

On behalf of an outstanding  service  member  who  has  dedicated  his
entire adult life to the Air  Force  and  to  the  United  States,  he
(counsel) submits these issues.

Counsel's complete response is attached at Exhibit F.

On 21 November 2003, counsel submitted a  letter  with  the  following
matters to be considered:

    1.  Under the heading of “Facts,” the Air Force  Advisory  Opinion
states the original package was forwarded from  JTF-160  to  the  next
higher command, US Atlantic Command  for  final  approval/disapproval.
His information is that the statement is factually incorrect.  JTF-160
was a one-star billet and as such he had authority for approval of the
Joint Service Commendation Medal.  Therefore, joint  decorations  were
not forwarded to  the  US  Atlantic  Command  for  final  approval  or
disapproval.

     2.  The  Advisory  Opinion  also  states   that   there   is   no
documentation showing that the  applicant  queried  USACOM  about  the
discrepancy in dual orders.   Factually,  the  applicant  did  contact
USACOM on a number of occasions.

    3.  Under the heading of “Discussion,” the Advisory Opinion states
that USACOM was the final approval  authority  and  viewed  all  joint
decoration submissions from JTF-160.  As mentioned  in  paragraph  one
above, that statement is factually inaccurate.

    4.  The Advisory Opinion states that because  it  was  the  policy
that everyone assigned to JTF would  receive  at  least  a  letter  of
commendation, it is the Air Force’s belief that the applicant received
appropriate recognition for his achievements.  It is  his  (counsel’s)
understanding that the  above  statement  concerning  the  commander’s
policy is not true.  Further, the Advisory Opinion fails to  recognize
that if the applicant had not initiated inquiries about his decoration
the  downgraded  decoration  would  not  have  been  awarded  at  all.
Further, it took well over two years for the downgraded decoration  to
be awarded to the applicant.

Counsel's complete response is attached at Exhibit G.

_________________________________________________________________

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 an error or injustice warranting some form of relief.
 After reviewing the evidence of record, we believe  that  some  doubt
exists concerning whether the recommendation  for  the  JSCM  received
proper  consideration.   In   this   respect,   we   note   that   the
recommendation package was lost on two occasions and  when  the  third
package was submitted, several years had elasped since the period  for
which the applicant was being recognized.  In addition, it appears the
applicant had received an order indicating  that  the  JSCM  had  been
approved.  Due to the confusion  surrounding  the  submission  of  the
contested award, as stated above,  we  believe  that  the  possibility
exists that the recommendation for  the  JSCM  did  not  receive  fair
consideration.  Nonetheless, the relief requested by the applicant  is
not within our purview as the JSCM is a Department of  Defense  award.
Thus, the only relief that we can provide is to change the JSAM  to  a
AFCM and the  applicant  concurs  with  this  relief.   Therefore,  we
recommend his records be corrected to the extent indicated below.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

    a.          The Joint Service Achievement  Medal  (JSAM)  for  the
period 25 April 1995 through  25  July  1995,  be  declared  void  and
removed from his records.
    b.          On l  August  1997,  he  was  awarded  the  Air  Force
Commendation Medal, four Oak Leaf Cluster,  for  the  period  25 April
19951 through 25 July 1995.

It  is  further  recommended  that  he   be   provided   supplemental
consideration for promotion to the grade of  senior  master  sergeant
for all appropriate cycles beginning with cycle 97E8, with  the  AFCM
included in his record.

If AFPC  discovers  any  adverse  factors  during  or  subsequent  to
supplemental consideration that are separate and apart, and unrelated
to the issues involved in this application, that would have  rendered
the applicant ineligible for the promotion, such information will  be
documented and presented to the Board for a  final  determination  on
the individual’s qualifications for the promotion.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 March 2004, under the provisions  of  AFI  36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Ms. Beth M. McCormick, Member
              Mr. Albert C. Ellett, Member

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

   Exhibit A.  DD Form 149, dated 26 Aug 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 22 Sep 03.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 30 Sep 03.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Oct 03.
   Exhibit F.  Counsel's Response, dated 14 Nov 03.
   Exhibit G.  Counsel’s Response, dated 21 Nov 03.
   Exhibit H.  Counsel’s Letter, dated 14 Apr 04.




                                   ROBERT S. BOYD
                                   Panel Chair







AFBCMR BC-2003-02361
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:

          a.          The Joint Service Achievement Medal (JSAM) for
the period 25 April 1995 through 25 July 1995, be, and hereby is,
declared void and removed from his records.


          b.          On l August 1997, he was awarded the Air Force
Commendation Medal, Fourth Oak Leaf Cluster, for the period 25 April
19951 through 25 July 1995.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of senior master sergeant
for all appropriate cycles beginning with cycle 97E8, with the AFCM
included in his record.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application, that would
have rendered the applicant ineligible for the promotion, such
information will be documented and presented to the Board for a
final determination on the individual’s qualifications for the
promotion.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency