RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-00420
            INDEX CODE 107.00  131.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The closing date on his Air Force Commendation  Medal,  1st  Oak  Leaf
Cluster (AFCM 1OLC), be changed from 3 Jan 02 to 1 Dec 01.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His first USAFE tour ended 1 Dec 01 and his second tour started  2 Dec
01.  There was no justification to change the end of tour date on  his
AFCM 1OLC to 2 Jan 02.  The date was changed due to  AFI  36-2803  and
USAFE Extended Tour Decoration Policy where his  In-Place  Consecutive
Overseas Tour (IPCOT) was considered an Extended  Tour.   AFI  36-2110
states, “An IPCOT is a new tour, not an extension.” Since an IPCOT  is
not an Extended Tour, AFI 36-2803 and the USAFE policy  memorandum  do
not apply.   Essentially,  his  prior  supervisor  mistakenly  circled
“Extended Tour” on  the  DECOR-6  (Request  for  Decoration  Printout)
instead of “Other.”  Therefore, 1 Dec 01 should be the end date on the
medal.  He discovered the error in Mar 02.  He complained to the  86th
Wing Inspector General (IG) office and was told there was  nothing  he
could  do  but  utilize  his  chain   of   command,   which   he   did
unsuccessfully.  The USAFE IG told him working  his  case  was  a  low
priority and it would be quicker for him to appeal to the  AFBCMR.  He
has exhausted reasonable administrative remedies.

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

_________________________________________________________________

STATEMENT OF FACTS:

The USAFE Supplement to AFI 36-2803, dated 2 Aug 99,  indicated  that,
for Permanent Change of  Station  (PCS)  decorations,  the  period  of
service could  not  overlap  a  previous  decoration  for  meritorious
service and the closeout date could not be before the member’s Date of
Expected Return from Overseas (DEROS).   Additionally,  “Members  must
complete their initial tour length prior to submission and will not be
submitted for an  additional  extended  tour  award  if  they  have  a
projected PCS assignment, valid DEROS, date  of  separation  [DOS]  or
date of retirement on file (Example:  Members serving a  4  year  tour
would not be eligible for an extended tour at the 3 year point.).”

AFI 36-2803, The Air  Force  Awards  and  Decorations  Program,  dated
15 Jun 01, indicates recommendations for meritorious service are based
on a completed period of service under the following conditions:

      1.  Retirement
      2.  Separation
      3.  PCS--a move from one    geographical relocation to another.
      4.  Permanent Change of Assignment (PCA)--reassignment from
            one unit to another on the same  base or from one
            office or duty section to another located in the same
            organization.     The new assignment must be markedly
            different from the previous duty to meet the intent
            of the completed period of service requirement.
      5.  Extended Tour--not a PCS or PCA but clearly outstanding
            and unmistakably exceptional service for an extended
            period of at least three years for award of the
            Bronze Star Medal and lesser decorations, or at least
            four years for award of the Legion of Merit.
      6.  Posthumous
      7.  Achievement
      8.  Heroism
      9.  Act of Courage

On 8 Apr 98, the applicant, a staff sergeant, was  awarded  his  basic
AFCM for meritorious service with the 436th  Medical  Group  at  Dover
AFB, DL, for the period 2 Mar 95 to 2 Feb 98.

The applicant was assigned to the 86th  Medical  Squadron,  Landstuhl,
Germany, on 14 Feb 98, as a biomedical equipment  journeyman.   On  31
Oct 00, he was assigned as a biomedical equipment craftsman, still  at
Landstuhl.

A Report of Individual Person (RIP), prepared on  21 Dec  00,  advised
the applicant his present DOS was 29 Dec 01, he was required  to  have
at least 12 months of  service  retainability  to  be  considered  for
reassignment, his DEROS had been changed to 1 Dec 04, and his new tour
start date was 2 Dec 01.

On  14  Oct  01,  the  applicant,  still  located  at  Landstuhl,  was
rotationally assigned as a team leader for  the  clinical  engineering
branch.

A 3 Jan 02 letter from the USAFE commander noted the USAFE  Supplement
to AFI 36-2803 currently did  not  allow  approval  of  Extended  Tour
decorations on members with a projected PCS, DEROS, or approved DOS or
retirement.  Since there  was  no  provision  for  IPCOT  decorations,
effective immediately, Extended Tour decorations could be  awarded  to
individuals serving on IPCOTs provided they met the criteria  outlined
in AFI 36-2803.

The Promotion Eligibility Cutoff Date (PECD) for the  02E6  cycle  for
technical sergeant (TSgt) was 31 Dec  01.   Promotion  selections  for
this cycle were made on 18 Jun 02, with a public release  date  of  27
Jun 02.  The applicant’s total weighted promotion score for  the  02E6
cycle was 310.02 and the score required for selection in his Air Force
Specialty Code (AFSC) was 310.20.

In Dec 02, the applicant was credited with completion of  an  overseas
(Germany) long tour for the period of 14 Feb 98 to 1 Dec 01.

On 2 Jan 03, the applicant was assigned as  the  assistant  NCOIC  for
life cycle equipment management at Landstuhl.

On 9 Apr 03, the applicant was awarded the contested AFCM 1OLC for the
period 14 Feb 98 to 3 Jan 02, rather than 1 Dec  01,  for  meritorious
service while assigned to the  86th  Medical  Squadron  at  Landstuhl,
Germany. The contested AFCM 1OLC closed out after the 02E6 PECD of  31
Dec 01, it was ineligible for promotion credit during that cycle.

On 21 Jul 03, the applicant was awarded an AFCM  2nd  OLC  (2OLC)  for
meritorious service in support  of  Operation  Enduring  Freedom/Iraqi
Freedom (Romania) during the period 9 Mar to 22 May 03.

The applicant was not selected for TSgt in the 03E6 cycle.  His  total
weighted promotion  score  was  309.22  and  the  score  required  for
selection in his AFSC was 310.74.  The AFCM  1OLC  was  considered  in
this promotion cycle.

On 2 Mar 04, in response to his application,  HQ  AFPC/DPPPRA  advised
the applicant to provide, among other documents, a written request for
reconsideration to the final approval authority  within  the  one-year
time limit as required  by  AFI  36-2803.   DPPPRA  also  advised  the
applicant his military personnel data system (MILPDS) records of  Duty
Assignment History showed he was assigned to Landstuhl  on  14 Feb  98
and reassigned to different duties on 31 Oct 00, 14 Oct 01, 2 Jan  03,
and 15 Jan 04.  However, his Decoration History showed he was  awarded
the AFCM 2OLC for an “Extended Tour” with a closeout date  of  22  May
03.  The only  conditions  listed  on  orders  for  a  decoration  for
changing positions is for PCA or Extended Tour.  DPPPRA also requested
official  documentation  showing  the   reason   for   each   of   his
reassignments at Landstuhl.

In a 24 Mar 04 letter to SAF/MRBR, the applicant advised he  tried  to
correct his record through channels  but  was  unsuccessful.   He  was
advised to submit his application to the AFBCMR since  USAFE  was  not
responding.  He countered that the AFCM 2OLC was not for  an  Extended
Tour ending 22 May 03 but for meritorious service during deployment in
support of Operation Enduring Freedom/Iraqi Freedom.  His  first  tour
ended 1 Dec 01 and his second tour began on 2 Dec 01.

The applicant also provided a letter, dated 19 Mar 03, from the  435th
Medical Support Squadron superintendent who  advised  that,  from  the
outset, the AFCM 1OLC in question was for  IPCOT  purposes.   However,
the DECOR-6 did not allow an IPCOT as  a  reason  for  submission;  as
such, it fell to “Extended Tour.”  The  superintendent  contends  this
was not accurate as the  regulation  clearly  specified  an  “Extended
Tour” is a completed tour and start of another, new complete  tour--it
is not extended in any way.  Prior to 2001, USAFE had a  policy  there
would be no Extended Tour medals.  Due  to  this  interpretation,  the
AFCM 1OLC was considered an Extended Tour, even though it was truly an
IPCOT.  A group-level secretary, under Wing input, changed the award’s
closeout date to 3 Jan 02 due to a misinterpretation  of  the  policy.
The policy was rescinded on  3  Jan  02,  but  the  applicant’s  IPCOT
effective date was 1  Dec  01.   The  superintendent  asserts  the  IG
learned this was the only  command  with  a  policy  to  such  effect.
Despite support and encouragement, no one would  engage  in  effecting
the correction.  The superintendent adds  HQ  USAFE/DPPFP  Awards  and
Decorations verbally advised the intent  of  the  “no  Extended  Tour”
medals was not to stop  IPCOT  medals,  but  to  prevent  people  from
extending a few months and dropping a medal in for  promotion  points.
The applicant also  submitted  a  15  Mar  04  letter  from  Landstuhl
Equipment  Management  Branch   chief   explaining   the   applicant’s
assignments.

[These additional documents, provided by the applicant,  are  included
at Exhibit A.]

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR indicates since an IPCOT is not a condition for which an
individual may  be  recommended  for  a  decoration,  it  appears  the
recommending official submitted the applicant  for  an  Extended  Tour
decoration.  AFI 36-2110, Assignments, states an IPCOT is a new  tour,
not an extension; however, that AFI does  not  govern  the  provisions
available in AFI 36-2803 to recommend individuals  for  a  decoration.
The letter of AFI 36-2803 was followed by  the  recommending  official
who determined the  appropriate  condition  at  which  to  initiate  a
decoration to the applicant and determined the  appropriate  inclusive
dates.  Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit B.


HQ AFPC/DPPPWB advises there is no evidence to indicate the  applicant
tried to correct the closeout date of the decoration until 22 Jul  03,
well after selections for cycle 02E6 were  announced  on  27  Jun  02.
Denial is recommended.  However, if the closeout date of the contested
award were changed from 3 Jan 02 to 1 Dec 01, the Board would have  to
direct supplemental promotion consideration since the change would not
have taken place until after selections for this cycle  were  made  on
18 Jun 02.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 4 Jun 04 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error to warrant changing the  closing  date  of  the
AFCM 1OLC.  The facts appear to indicate, and the Air Force confirmed,
the applicant completed his overseas long tour on 1 Dec 01.  His  next
assignment, the IPCOT, started on 2 Dec 01.   Other  than  speculating
that the recommending official followed the “letter” of  AFI  36-2803,
the Air Force did not explain to our satisfaction why the closing date
of the award was changed  to,  and  should  remain,  3  Jan  02.   The
supporting  statement  from  the  435th   Medical   Support   Squadron
Superintendent, dated 19 Mar 03, indicated  the  applicant  approached
him for assistance with the decoration  in  Aug  02.   In  the  senior
master sergeant’s view, the AFCM 1OLC’s processing was protracted, the
closing date was arbitrarily changed due to policy  misinterpretation,
and their efforts to rectify  the  error  were  somewhat  disregarded.
While we cannot determine with certainty  why  the  closing  date  was
changed to 3 Jan 02, we believe any  doubt  in  this  case  should  be
resolved to the benefit of the applicant.  In this regard, the  1  Dec
01 closing date appears better supported by the  available  facts  and
common sense than does the altered date of  3 Jan  02.   We  therefore
recommend the
closing date be amended to 1 Dec 01 and he  be  provided  supplemental
promotion consideration to the grade of technical  sergeant  beginning
with cycle 02E6.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected  to  show  that  the  Request  for
Decoration Printout DECOR-6, dated 19 December 2001, for award of  the
Air Force Commendation Medal, 1st Oak Leaf Cluster, for the period  14
February 1998 to 1 December 2001, vice 14 February 1998 to  3  January
2002, was accepted for file on 10 June 2002.

It  is  further  recommended  that  he  be   provided   supplemental
consideration for promotion to the grade of technical  sergeant  for
all the appropriate cycles beginning with cycle 02E6.

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  qualification  for  the
promotion.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 August 2004 under the provisions  of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Beth M. McCormick Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-00420 was considered:

   Exhibit A.  DD Form 149, dated 2 Feb 04, & Letter, dated
                  24 Mar 04, w/atchs & Disk.
   Exhibit B.  Letter, HQ AFPC/DPPPR, dated 30 Apr 04.
   Exhibit C.  Letter, SAF/MRBR, dated 4 Jun 04.





                                   WAYNE R. GRACIE
                                   Panel Chair




AFBCMR BC-2004-00420




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 the Request for
Decoration Printout  DECOR-6, dated 19 December 2001, for award of the
Air Force Commendation Medal, 1st Oak Leaf Cluster, for the period 14
February 1998 to 1 December 2001, vice 14 February 1998 to 3 January
2002, was accepted for file on 10 June 2002.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of technical sergeant for all
the appropriate cycles beginning with cycle 02E6.

      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 qualification for the promotion.





         JOE G. LINEBERGER

         Director

         Air Force Review Boards Agency