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AF | BCMR | CY2004 | BC-2003-03804
Original file (BC-2003-03804.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03804
            INDEX NUMBER:  131.00
      XXXXXXXXXXXXXXXX

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Navy and Marine Corps Achievement Medal awarded  to  him  for  the
period Oct 99 to May 03 and approved on 8 Oct 03 be  included  in  his
officer selection  record  (OSR)  for  the  CY03A  Lieutenant  Colonel
Central Selection Board, which convened on 8 Jul 03.

The Meritorious Service Medal (MSM) awarded to him by  the  Air  Force
for the period 16 May 96 to 24 Sep 99 and approved  on  3  Oct  03  be
included in his OSR for the CY03A Lieutenant Colonel Central Selection
Board, which convened on 8 Jul 03.

He be considered  for  promotion  to  lieutenant  colonel  by  Special
Selection  Board  (SSB)  for  the  CY03A  Lieutenant  Colonel  Central
Selection Board with the missing decorations included in his OSR.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Navy and Marine Corps Achievement Medal awarded  to  him  was  not
processed properly causing the approval order to be  signed  after  he
was considered for  promotion  to  lieutenant  colonel  by  the  CY03A
Lieutenant Colonel Central Selection Board.

His assigned unit failed to correctly process the Meritorious  Service
Medal he was awarded causing it to be approved after he was considered
for promotion.  In support of his appeal, he  has  provided  a  letter
from a  senior  officer  in  his  unit  at  the  time  explaining  the
circumstances that led to the medal not being processed on time.

The applicant’s complete submissions, with attachments, are at Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 27 Jan 88 and was promoted up  to
the grade of major.  According to the military personnel data  system,
he was rated as meeting standards on his last five officer performance
reports.   He  was  considered  and  not  promoted  to  the  grade  of
lieutenant colonel by the CY03A Lieutenant Colonel  Central  Selection
Board, which convened on 8 Jul 03.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends that the applicant’s  requests  be  disapproved.
Although the applicant has provided documentation to show that his MSM
was not properly processed, he did not take action until after he  was
nonselected.  In addition, he has not provided any evidence as to  why
the Navy and Marine Corps Achievement Medal was  not  processed  in  a
timely manner.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
Jan 04 for review and comment within 30 days.  To date, a response has
not been received.

_________________________________________________________________

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.  The supporting evidence provided from
the applicant’s assigned unit  during  the  period  of  the  MSM  award
persuades us that award of the medal was delayed due to factors outside
the applicant’s control.  We also believe that the delay  was  in  fact
due to error and that to deny the applicant the potential  benefit  the
decoration might have  on  his  promotion  opportunity  constitutes  an
injustice.  Regarding the Navy and Marine Corps Achievement Medal,  the
applicant failed to provide conclusive evidence that an error was  made
in the processing of this medal.  However, we believe, given the  total
circumstances of his case, he should be given the benefit of the doubt.
 Therefore we believe that both medals should be accepted for  file  in
the applicant’s record in time to be considered by  the  CY03A  Central
Lieutenant Colonel Selection Board.  Therefore, we recommend  that  the
applicant’s records be corrected as 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:

        a.  The Navy and Marine Corps Achievement Medal awarded for the
period from October 1999 to May 2003  was  accepted  for  file  in  his
Officer Selection Record on 1 July 2003.

        b.  He was awarded the Meritorious Service Medal for the period
16 May 1996 to 24 September 1999 on 25 June 2003 rather than 3  October
2003; the citation was signed by the 1st Fighter Wing Commander  on  25
June 2003, and was accepted for file in his Officer Selection Record on
26 June 2003.

It is further recommended that he be considered for  promotion  to  the
grade of lieutenant colonel by Special Selection Board  (SSB)  for  the
CY03A (8 July 2003) Central Lieutenant Colonel Selection Board with the
corrected record.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-
03804 in Executive Session on 19 February 2004, under the provisions of
AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. James W. Russell, III, Member

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

     Exhibit A.  DD Forms 149, dated 6 Nov 03 and 6 Nov 03,
                 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 29 Dec 03.
     Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



AFBCMR BC-2003-03804


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 XXXXXXXXXXXX, XXX-XX-XXXX, be corrected to show
that:

            a.  The Navy and Marine Corps Achievement Medal awarded for
the period from October 1999 to May 2003 was accepted for file  in  his
Officer Selection Record on 1 July 2003.

            b.  He was awarded the Meritorious Service  Medal  for  the
period 16 May 1996 to 24 September 1999 on 25 June 2003 rather  than  3
October 2003; the citation was signed by the 1st Fighter Wing Commander
on 25 June 2003, and was accepted for file  in  his  Officer  Selection
Record on 26 June 2003.

      It is further directed that he be considered for promotion to
the grade of lieutenant colonel by Special Selection Board (SSB)
for the CY03A (8 July 2003) Central Lieutenant Colonel Selection
Board with the corrected record.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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