RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00519
INDEX NUMBER: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Air Force Commendation Medal, First Oak Leaf Cluster (AFCM, 1 OLC), he
was awarded for the period 6 July 2000 to 20 October 2001, be upgraded to
the Meritorious Service Medal.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
The downgrading of his end-of-tour decoration was based on erroneous
information and his commander was not given the opportunity to correct this
misinformation prior to processing the award. Although he was the most
senior member of the medical staff and served as acting flight commander,
he was the only officer from the Flight who was submitted for an MSM, who
did not receive the award. Despite the fact the erroneous information was
corrected and the decoration resubmitted, the wing commander refused to
upgrade the decoration.
In support of the appeal, applicant submits his personal statement, copies
of the orders and certificate/citation to accompany the award of the AFCM,
1 OLC, and emails regarding the processing of the decoration.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of major.
A Recommendation for Decoration Printout (RDP) was prepared on 21 August
2001, for the purpose of recommending him for an end-of-tour decoration.
On 24 September 2001, he was awarded the AFCM, 1 OLC, for meritorious
service during the period 6 July 2000 to 30 October 2001.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the AFBCMR evaluate the application on its merits and
render a decision. The final approval authority downgraded the original
recommendation and when asked to reconsider, denied the request for
upgrade.
The AFPC/DPPPR 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 2 April 2004 for review and response within 30 days. However, 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 either an error or an injustice warranting approval of the
applicant’s request. In this respect, we note the wing commander
downgraded the applicant’s recommendation for the MSM to the AFCM based on
three reasons as stated in his e-mail of October 4, 2001. Specifically,
the applicant had no previous medals, XXXX was his first real assignment
and that the Flight chief here probably won’t get an MSM. However, upon
being apprised that he relied on incorrect information, the wing commander
still refused to change his recommendation without comment. We also note
the unusual advisory opinion rendered by the Air Force. Instead of
recommending approval or disapproval, it recommends we evaluate this case
on its merits and render a decision. Since the wing commander had
discretionary authority to downgrade applicant’s recommendation, we would
not normally be inclined to question his judgment. However, given the
totality of the evidence submitted, we believe the applicant has
established by a preponderance of the evidence that the wing commander’s
decision to downgrade his recommendation for the MSM was arbitrary and, as
such, constitutes an injustice that cries out loud to be corrected.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 24 September 2001, he was awarded
the Meritorious Service Medal, rather than the Air Force Commendation
Medal, First Oak Leaf Cluster, for meritorious service during the period 6
July 2000 to 30 October 2001.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-00519
in Executive Session on 8 July 2004, under the provisions of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Martha A. Maust, Member
Mr. Robert H. Altman, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 25 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 2 Apr 04.
GREGORY H. PETKOFF
Panel Chair
AFBCMR BC-2004-00519
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 on 24 September
2001, he was awarded the Meritorious Service Medal, rather than the Air
Force Commendation Medal, First Oak Leaf Cluster, for meritorious service
during the period 6 July 2000 to 30 October 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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