RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03710
            INDEX CODE:  131.01

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of  lieutenant  colonel
by special selection board (SSB) for the CY03A  Lieutenant  Colonel
Central Selection Board (8 Jul 03) (P0503A) with his Joint  Service
Commendation Medal (JSCM) included in his officer selection  record
(OSR).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was recommended for the JSCM in Aug 02 and due to  circumstances
out of his  control  and  despite  his  attempts  to  expedite  the
processing of the JSCM, it was not awarded until 9 Sep  03.   As  a
result, when the board convened on 8 Jul 03,  this  decoration  was
not considered as a part of his record.

He  further  states  that  this  is  a  significant  award  as   it
demonstrates  joint  service  in  a  combat  zone  while   actively
participating in the global war on terrorism, which is an indicator
of his potential for increased responsibility and should have  been
considered.

In support of his appeal, applicant submitted a personal statement;
a chronology of the processing  of  the  JSCM;  a  letter  from  US
Central Command (awards approval authority), dated 17 Dec  02;  the
JSCM  recommendation,  award  and  citation  and  other  supporting
documentation from personnel involved  in  the  processing  of  the
decoration.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the grade of  major,  with  a
date of rank of 1 Aug 99, as the Director, Joint Search and  Rescue
Center at USSOUTHCOM.

Applicant was nonselected for promotion  by  the  CY03A  Lieutenant
Colonel Central Selection Board which convened on 8 Jul 03.

Per Permanent Order SC-0267, dated 9 Sep 03,  he  was  awarded  the
JSCM for outstanding  meritorious  achievement  during  the  period
15 May to 7 Aug 02.  The Recommendation for Award date is listed as
11 Aug 02.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO reviewed this  application  and  recommended  denial.
They do not support  the  applicant’s  contentions  that  the  JSCM
should have been filed in his OSR for the P0503A  board.   Although
the  applicant  provided  substantiating  documentation  from   the
personnel involved in the processing of the  decoration  indicating
the reasons for the  delay,  and  he  exercised  due  diligence  in
attempting to expedite the processing of the decoration, compliance
with guidance in AFI 36-2803 is  a  must.   This  AFI  states  that
recommendations are entered “into official channels within 2  years
and awarded within 3 years of  the  act,  achievement,  or  service
performed.”  As such,  the  decoration  was  processed  within  the
guidelines of the governing directive.  Furthermore, the decoration
authority announces its final decision when approving an  award  by
publishing special  orders.   Since  the  order  was  published  on
8 Sep 03, the decoration would  not  have  been  reflected  in  the
personnel data  systems  and  the  citation  would  not  have  been
included in  the  his  selection  record  at  the  time  the  board
convened.  The JSCM did not exist when the P0503A  board  convened;
therefore, SSB consideration is not justifiable.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues that the opinion rendered  selectively  quotes
AFI 36-2803, para 3.1,  and  ignores  the  critical  parts  of  the
paragraph.  Para 3.1 directs to “submit recommendations as soon  as
possible  following  the  act,  achievement,  or   service.”    His
decoration package was submitted four days after  the  service  was
completed.  Further, his recommendation was made on 11 Aug  02  and
it was endorsed by a higher official in the chain of command.

He says the point the opinion is missing is that the decoration was
submitted in accordance with the AFI, but subsequent administrative
confusion and error resulted in an unwarranted delay in processing.

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.  Sufficient 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,
including the letters of  explanation  provided  by  the  personnel
officials responsible  for  processing  and  publishing  the  Joint
Service  Commendation  Medal  (JSCM).   The  contested  award   was
initially recommended in Aug 02 and while the  applicant  exercised
due  diligence  in  trying  to  expedite  the  processing  of   the
decoration, despite his efforts, the JSCM  was  not  awarded  until
orders were published on 9 Sep 03.  As a  result,  when  the  CY03A
Lieutenant Colonel Central Selection Board convened on  8  Jul  03,
this decoration was  not  considered  as  a  part  of  his  officer
selection record.  We agree the JSCM was not  a  matter  of  record
until official orders were published and  met  the  guidelines  for
submission.  Nevertheless, subsequent to  the  submission  of  this
application, the Joint Service Agency award authority  amended  the
date of order and  citation  to  reflect  1  Jul  03,  rather  than
9 Sep 03.  In view of this and to alleviate any  injustice  to  the
applicant, we recommend his records be corrected to show  that  the
JSCM was accepted for file in his records prior to the convening of
the CY03A Lieutenant Colonel Central Selection Board (P0503A).   In
addition, we recommend that his corrected record be considered  for
promotion to the grade of lieutenant colonel by  Special  Selection
Board for the CY03A Lieutenant Colonel Central Selection Board.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that he was awarded the
Joint Service Commendation Medal for meritorious service during the
period 15 May 2002 to 7 August 2002, on 1  July  2003  rather  than
9 September 2003, and that the award was accepted for file  in  his
Officer Selection Record on 4 July 2003.

It is further recommended that his record,  to  include  the  Joint
Service Commendation Medal, be  considered  for  promotion  to  the
grade of lieutenant colonel by  Special  Selection  Board  for  the
Calendar Year 2003A Lieutenant Colonel Central Selection Board.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-03710 in Executive Session on 21 January  2004,  under  the
provisions of AFI 36-2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Rita J. Maldonado, Member

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

     Exhibit A.  DD Form 149, dated 30 Oct 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPO, dated 11 Dec 03.
     Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
     Exhibit E.  Letter, Applicant, dated 31 Dec 03.




                                   BRENDA L. ROMINE
                                   Panel Chair



AFBCMR BC-2003-03710




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 XXXXXXX, XXXXXXX, be corrected to  show  that  he
was awarded the Joint Service Commendation  Medal  for  meritorious
service during the period 15 May 2002 to 7 August 2002,  on  1 July
2003 rather than 9 September 2003, and that the award was  accepted
for file in his Officer Selection Record on 4 July 2003.

      It is further directed that his record,  to  include  the  Joint
Service Commendation Medal, be considered for promotion to  the  grade
of lieutenant colonel by Special Selection Board for the Calendar Year
2003A Lieutenant Colonel Central Selection Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment
Permanent Orders SC-0743,
dated 27 April 2004, w/atchs