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AF | BCMR | CY2004 | BC-2004-00186
Original file (BC-2004-00186.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00186
            INDEX CODE:  131.00, 107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM), Third Oak Leaf Cluster (3OLC), for
the period 3 August 1997 to 27 February 2001, be upgraded to a  Meritorious
Service Medal (MSM) and he be considered for  promotion  to  the  grade  of
lieutenant colonel by a Special Selection Board (SSB) for the CY03A (8 July
2003) Central Lieutenant Colonel Selection Board (P0503A).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been given  an  MSM  for  his  service  while  stationed  at
Vandenberg AFB, as supported by three of his former commanders.  He was not
given an  MSM  because  he  had  previously  received  a  AFCM  during  his
assignment at Vandenberg AFB.  However, the AFCM was  given  for  a  heroic
act.  A one-time event should not preclude him from receiving an MSM.

He was not promoted to 0-5 (lieutenant colonel) and was  subsequently  told
that a discriminating factor in his non-selection was not having an MSM  in
his records.  He has a strong record in Space and Missiles, having  been  a
flight commander in missile, satellite, and spacelift  squadrons.   He  was
designated as the “Distinguished Graduate” during satellite crew  training.
Not receiving an MSM was a mistake; which has severely hurt his chances for
promotion to lieutenant colonel.

In support of his application, he provides supporting statements  from  his
former commanders, a copy of his military resume,  copies  of  his  Officer
Performance Reports for the period beginning 16 June  1997  and  ending  28
January 2001, and copies of  his  AFCM  2 and  3  Oak  Leaf  Cluster  (OLC)
citations.  His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates  the
applicant’s Total Active Federal Military Service Date as 6 November  1988.
He is currently serving on active duty in the grade of major, with  a  date
of rank of 1 December 1999.  As of 3 May 2004, the PDS reflects the AFCM (3
OLC) awarded 27 February 2001.

The applicant’s OSB contains AF Forms  707B,  Officer  Performance  Reports
(OPRs) beginning with the rating period 16  June  1997  and  ending  on  21
December 2002 with overall ratings of “Meets Standards.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.   DPPPR  states  that  the
applicant accepted the AFCM 3 OLC as  an  appropriate  decoration  for  his
performance of duty  at  Vandenberg  AFB  until  he  was  non-selected  for
promotion.  He has not exhausted his administrative channels  nor  provided
any supporting statements from his official chain  of  command  during  the
period the recommendation package was submitted.   DPPPR  states  that  the
level of decoration  is  determined  in  accordance  with  an  individual’s
performance of work and not solely for promotion purposes.  The  AFPC/DPPPR
evaluation is at Exhibit C.

DPPPO states that the applicant  has  one  nonselection  to  the  grade  of
lieutenant colonel by the P0503A board and based on AFPC/DPPPR  evaluation,
they recommend denial for SSB consideration.  The AFPC/DPPPO evaluation  is
at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were sent to the applicant on  9  April
2004.  As of this date, this office has not received a 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 reviewing the available evidence  of
record, we are not persuaded that he has been the  victim  of  an  error  or
injustice.  His contentions are duly noted; however,  we  do  not  find  the
evidence provided sufficient to override the assessment provided by the  Air
Force.   Despite  the  support  he  receives  from  his  former  commanders,
evidence has not been presented which would lead  us  to  believe  that  the
officials who recommended and approved the award of the  AFCM,  rather  than
an MSM, to the applicant acted inappropriately  in  deciding  what  type  of
medal was  warranted  or  that  their  decisions  represented  an  abuse  of
discretionary authority in making that decision.  Therefore, we  agree  with
the  opinion  and  recommendation  of  the  Air  Force  office  of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Likewise,  since  we  have  determined  favorable   consideration   of   the
applicant’s request that his award  be  upgraded  is  not  appropriate,  his
request for a Special Selection Board on this basis is  also  not  favorably
considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 11 May 2004, under the provisions of AFI 36-2603:

           Mr. John L. Robuck, Panel Chair
           Ms. Olga M. Crerar, Member
           Ms. Martha J. Evans, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Jan 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 20 Feb 04.
     Exhibit D.  Letter, AFPC/DPPPO, dated 1 Apr 04.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Apr 04.





                                  JOHN L. ROBUCK
                                  Panel Chair

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