RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02171
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Medal he was awarded for the period 17 Feb 02 to 17 Mar 02  be
included in his Officer Selection Record (OSR) for the  Calendar  Year
2002B  (CY02B)  (12  Nov  02)  Lieutenant  Colonel  Central  Promotion
Selection Board.

He be considered for promotion to the grade of lieutenant  colonel  by
special selection board (SSB) for the CY02B Lieutenant Colonel Central
Promotion Selection Board with the corrected record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned an Air Medal in the spring of 2002,  but  the  paperwork  to
award him the medal got lost in the  approval  process.   He  was  not
advised that the paperwork was lost in time to get it resubmitted  and
approved before his promotion board.  His award was just approved  and
as it is his first Air  Medal,  he  believes  it  would  have  made  a
difference in the results of the promotion board.

In support of his appeal, applicant provides a copy of his medal and a
letter of support from his squadron commander.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
major.  He has  two  nonselections  for  promotion  to  the  grade  of
lieutenant colonel by the CY02B (12 Nov  02)  and  CY03A  (8  Jul  03)
Lieutenant Colonel Central Selection Boards.   His  Officer  Selection
Brief for the CY02B Lieutenant Colonel Selection Board reflects he has
one award of the Meritorious Service Medal,  two  awards  of  the  Air
Force Commendation Medal, and one Achievement Medal.

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of  the  applicant’s  request.   The  Air
Medal the applicant states was missing from  his  OSR  for  the  CY02B
promotion board was awarded over one year after  the  board  convened.
However, the award was processed within the guidelines of AFI 36-2803,
which states that decoration recommendations are entered into official
channels within two years and awarded within three years of  the  act,
achievement,  or  service  performed.   Since  the   order   for   the
applicant’s Air Medal was published on  20 Mar 04, it could  not  have
been filed in his OSR nor reflected in any of the  official  personnel
data systems when the board convened.  If the applicant was  aware  of
his nomination for the Air Medal, for the period 17 Feb 02 to  17  Mar
02, he could have written a letter to the board informing them of this
fact.  They verified the applicant did not elect to do so.

The complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to  the  Air  Force  advisory,  applicant  notes  that
although his decoration was processed within the  timelines  indicated
in AFI 36-2803, his decoration was processed well after 20 plus  other
awards had been approved for members of his crew.  The reason for this
is his award was lost  and  had  to  be  entirely  resubmitted.   This
resulted in the orders awarding him  the  Air  Medal  being  published
after the date his promotion board convened.  Applicant also  explains
he did not write a letter to the promotion board because  he  did  not
become aware his nomination for the Air Medal was  not  in  the  works
until too late to get it done or to  write  a  letter  to  the  board.
Applicant notes this is his first award of the Air Medal and states it
does not stand to reason his chance at promotion should be stymied  by
someone else’s careless mistake.  In further support  of  his  appeal,
applicant attaches a  copy  of  a  special  order,  dated  before  his
promotion board, awarding three members of his crew the Air Medal  for
the same timeframe of his medal.

Applicant’s complete submission, with attachment, 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.  The Board was persuaded by  the
support provided by  the  applicant’s  rating  chain  indicating  the
recommendation for the applicant’s basic award of the Air  Medal  was
originally placed into channels timely  enough  to  be  approved  for
inclusion in  his  Officer  Selection  Record  (OSR)  for  the  CY02B
Lieutenant Colonel  Central  Promotion  Selection  Board.   While  we
cannot  state  with  certainty  the  decoration  would  have  made  a
difference in the results of the  promotion  board,  we  believe  any
doubt should be resolved by including it in the applicant’s  OSR  for
consideration  by  the  promotion  board.    We   note   AFPC/DPPPO’s
observation that the  applicant’s  medal  was  processed  within  the
timeframe allowed in AFI 36-2803.  However, we  believe  this  misses
the central point; i.e., the award was originally submitted  in  time
to be in the applicant’s OSR for the CY02B promotion  board  and  was
lost through no fault of the  applicant.   We  believe  to  deny  the
applicant’s request under these  circumstances  would  constitute  an
injustice.  This view is bolstered by the fact  that  similar  awards
for approximately 20 other individuals during the same timeframe were
processed and awarded prior to the date of the CY02B promotion board.
 Therefore, we recommend 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 on 29 Aug 02, he was
awarded the Air Medal (Basic) for the period 17 Feb 02  to    17  Mar
02, rather than the Air Medal (First Oak Leaf Cluster) awarded on  20
Mar 04 by special order G-1178; and that it was accepted for file  in
his Officer Selection Record on 1 Oct 02.

It is further recommended he be considered for promotion to the grade
of lieutenant colonel by Special Selection Board with  the  corrected
record beginning with the CY02B Lieutenant Colonel Central  Promotion
Board.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2004-
02171 in Executive Session on 19 October 2004, under  the  provisions
of AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Mr. Terry L. Scott, Member
      Ms. Cheryl V. Jacobson, Member

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

     Exhibit A.  DD Form 149, dated 28 Jun 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 31 Aug 04,
                 w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.
     Exhibit E.  Letter, Applicant, dated 24 Sep 04, w/atchs.




                                   RITA S. LOONEY
                                   Panel Chair


AFBCMR BC-2004-02171


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 29
Aug 02, he was awarded the Air Medal (Basic) for the period 17 Feb
02 to 17 Mar 02, rather than the Air Medal (First Oak Leaf Cluster)
awarded on 20 Mar 04 by special order G-1178; and that it was
accepted for file in his Officer Selection Record on 1 Oct 02.

      It is further directed he be considered for promotion to the
grade of lieutenant colonel by Special Selection Board with the
corrected record beginning with the CY02B Lieutenant Colonel
Central Promotion Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency