RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02877

      XXXXXXX    COUNSEL:  BARRY P. STEINBERG

      XXXXXXX    HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  that  he  was  awarded  the  Distinguished
Flying Cross (DFC) on 1 July 1992, rather than 9 December 1992, and the  DFC
be placed in his Officer Selection Record (OSR) for the  21  September  2004
Special Board convened pursuant to the court approved settlement in  Berkley
v. Unites States.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Due to the untimely processing of the DFC, it  was  not  available  for  the
Fiscal Year  1993  (FY93)  Reduction-in-Force  (RIF)  Board’s  review.   The
underlying event for which the DFC was awarded occurred on 18  January  1991
in the opening days of combat in Iraq, 18  months  prior  to  the  FY93  RIF
board convening.  There is no explanation for the delay in  the  award,  but
it is beyond question that an award should not have taken almost  two  years
for processing, review, and issuance.  When the original FY93 RIF board  met
on 20 July 1992, the underlying event for which the  award  was  issued  had
occurred over 18 months earlier.  An officer facing a RIF  board  is  facing
the risk of a career ending decision.  In the applicant’s case, the  Board’s
decision in fact terminated the otherwise successful active duty  career  of
applicant.  The board that made that decision  was  denied  the  benefit  of
information that is out of the ordinary,  reflects  most  favorably  of  the
officer and which would, in all likelihood, have made a  difference  in  how
his performance and potential were evaluated by  board  members.   The  fact
the original board was  deprived  of  such  influential  information  is  no
excuse for repeating the mistake.  The injustice that will result  from  the
perpetuation of the dilatory action on the  award  can  be  avoided  by  the
requested action.  Failure to do so will  ensure  that  applicant  is  never
evaluated fairly.  He has this one  opportunity  to  compete  for  retention
with fair consideration of his performance.  The requested  correction  will
not be to the disadvantage of any other  officer  since  the  Special  Board
will evaluate him in comparison to benchmark files that  are  unaffected  by
any decision made by the Special Board.  Had the DFC been available for  the
board’s review, the results would have been favorable.

Counsel states, in part, that applicant is  a  class  member  of  a  pending
litigation in the United States Court of Federal Claims.   As  a  result  of
the settlement, applicant’s record  will  be  reconsidered  as  it  appeared
before the original FY93 RIF board.   Prior  to  applicant’s  consideration,
the DFC should be placed in his records.

In support of the appeal, counsel submits a copy of the orders and  citation
to accompany award of the DFC and a statement from a member of the FY93  RIF
board.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving in the Air Force  Reserve  in  the  grade  of
lieutenant colonel.

On 15 April  1992,  a  Recommendation  for  Decoration  Printout  (RDP)  was
prepared on the applicant.

Applicant was considered and not selected for retention in the Air Force  by
the FY93 RIF board which convened on 20 July 1992.

On 9 December 1992, he was awarded the  DFC  for  extraordinary  achievement
while participating in aerial flight on 18 January 1991.

Applicant is to be reconsidered for retention  by  the  Calendar  Year  2004
Special  Board  on  21 September  2004,  pursuant  to  the   court   ordered
settlement in Berkley v. Unites States.  The court order agreement  provides
individuals the right to request corrections to their  records  pursuant  to
existing procedures.

Applicant’s complete OPR profile  prior  to  the  FY93  RIF  board  reflects
overall assessments of “Meets Standards.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of applicant’s request.  AFPC/DPPPO states,  in
part, that although the date of the achievement for award  of  the  DFC  was
prior to the convening of the RIF board, it was  not  approved  and  awarded
until 9 December 1992 as evidence by Special Order GA-292.  Inclusion  of  a
decoration that did not  exist  at  the  time  of  the  board  significantly
departs from AF policy and they find no provisions in policy that  authorize
changing the date a decoration was approved.

The AFPC/DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel  states  the  consequences  for  failing  to  make   the   requested
correction could not be  more  compelling,  especially  when  considering  a
former member of the FY93 RIF board recommends  favorable  consideration  in
view of  the  extreme  delay  in  processing  the  award  and  its  relative
importance.  While the advisory opinion is correct that current  regulations
do not permit this correction to be made administratively, this is  why  the
case if before the AFBCMR.  The delays in awarding the DFC  are  inexcusable
and the consequences are severe and adverse.   The  applicant  should  never
have been released from active duty and the AFBCMR has  the  opportunity  to
correct a serious mistake.

Counsel complete response 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.  Although the  date  of  the  extraordinary
achievement for which applicant  was  awarded  the  DFC  was  prior  to  the
convening of the RIF board, it was not approved and awarded until after  the
RIF  board  convened.   Although  the  decoration   was   processed   within
established time restraints for  doing  so,  AFPC/DPPPR  has  indicated  the
normal processing time for the DFC is 90 days.  In view of this,  and  given
the fact it was awarded by United States  Central  Command  Air  Forces  for
extraordinary achievement occurring in the opening days of Operation  DESERT
STORM, we believe the DFC should be accepted for  file  in  his  RSB  as  an
exception to policy.  While it cannot be conclusively determined whether  or
not the absence of the DFC was the sole reason for applicant's  nonselection
for retention by the FY93 RIF  board,  we  do  believe  that  it  served  to
deprive him of fair and equitable consideration.   Therefore,  we  recommend
his records be corrected to the extent 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  the  Distinguished  Flying  Cross
awarded for extraordinary achievement on 18 January 1991, was approved on  1
July 1992, rather than 9 December 1992, and the award was accepted for  file
in his Officer Selection Record on 5 July 1992.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-02877
in Executive Session on 20 September 2004, under the provisions of  AFI  36-
2603:

                       Mr. Charles E. Bennett, Panel Chair
                       Mr. Edward H. Parker, Member
                       Mr. Christopher D. Carey, Member

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

    Exhibit A.  DD Form 149, dated 30 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 13 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 04.
    Exhibit E.  Email, Counsel, dated 15 Sep 04.




                                   CHARLES E. BENNETT
                                   Panel Chair

AFBCMR BC-2004-02877




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 the Distinguished
Flying Cross awarded for extraordinary achievement on 18 January 1991, was
approved on 1 July 1992, rather than 9 December 1992, and the award was
accepted for file in his Officer Selection Record on 5 July 1992.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency