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AF | BCMR | CY2004 | BC-2003-03562
Original file (BC-2003-03562.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-03562
            INDEX CODE 131.01
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He  receive  Special  Selection  Board  (SSB)  consideration  for  the
Calendar Year 2003A (CY03A) Lieutenant Colonel (LTC) Central Selection
Board with the Bronze Star Medal (BSM) for the period 30 Nov 02 to  30
Apr 03 in his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  incomplete  record  did  not  reflect  all  his  accomplishments,
especially those reflected in the omitted BSM. The award was effective
and signed before the board convened but was not published  until  the
day the board adjourned. He should not be unfairly  penalized  by  the
timing and length of the approval process.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of major with a  date  of  rank  (DOR)  of  1  Apr  99.  He  was
nonselected by the CY02B and the CY03A LTC boards, which  convened  on
12 Nov 02 and 8 Jul 03, respectively.

The BSM for the period ending 30 Apr 03 was signed on 20  Jun  03  and
published by Special Order dated 21 Jul 03. The BSM was not  reflected
on the applicant’s CY03A Officer Selection Brief (OSB) when that board
was in session from 8-14 Jul 03 because it was not a matter of  record
until it was published on 21 Jul 03.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO does not support the application because the BSM was not
a matter of record when the CY03A Board convened and adjourned. With a
21 Jul 03 special order date,  the  decoration  would  not  have  been
reflected in their official personnel data systems  and  the  citation
would not have been included in the applicant’s selection record.

A complete copy of the evaluation 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 19 Dec 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded the BSM should be made eligible for consideration by SSB for
the CY03A selection board. Although the award  period  ended  and  the
decoration was signed before the board  convened,  it  did  not  exist
until it was published  on  21  Jul  03,  after  the  promotion  board
adjourned. Further, the applicant has provided no evidence his  rating
chain intended, and took measures, to have the award be  a  matter  of
record for the board members’ consideration. We therefore  agree  with
the recommendations of the Air Force and adopt the rationale expressed
as the basis for our decision that the applicant has not sustained his
burden of having suffered either an error or an injustice. In view  of
the above and absent persuasive evidence to the contrary, we  find  no
compelling basis to recommend granting the relief.

_________________________________________________________________

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  this  application  in
Executive Session on 24 February 2004, under the provisions of AFI 36-
2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Mr. John B. Hennessey, Member
                  Ms. Cheryl Jacobson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-03562 was considered:

   Exhibit A.  DD Form 149, dated 15 Oct 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 2 Dec 03.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.





                                   OLGA M. CRERAR
                                   Panel Chair

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