RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02879

      XXXXXXX    COUNSEL:  BARRY P. STEINBERG

      XXXXXXX    HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Aerial Achievement Medal (AAM) awarded for the  period  7 November  1991
to 8 January 1992 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:

Although the period of performance for which the AAM was awarded  was  prior
to the FY93 RIF board, the orders were not issued  until  9  September  1992
and it was not available for the board’s  review.   The  placement  of  this
important recognition of applicant’s performance for the period in  question
will produce a fairer and more balanced evaluation of  his  performance  and
potential.  The Special Board has no  quota  and  is  not  a  forced  choice
procedure.   Therefore,  inclusion  of  the  award  will  not  work  to  the
detriment of any other officer  under  consideration.   The  error  was  not
previously identified because of  applicant’s  involuntary  separation  from
active duty.

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 AAM should be placed in his records.

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 6 January 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 September 1992, applicant was awarded the Aerial Achievement Medal  for
meritorious achievement  while  participating  in  sustained  aerial  flight
during the period 7 November 1991 to 8 January 1992.

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 period of the AAM was prior to the convening of  the
RIF board, it was not  approved  and  awarded  until  9  September  1992  as
evidence by Special Order GA-1989.  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 AAM was awarded for a period prior to the FY93 RIF  board
and the delay in making this  award  should  not  be  to  the  detriment  of
applicant.

Counsel complete response is at Exhibits 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 period of the AAM  was  prior
to the convening of the RIF board, it was not  approved  and  awarded  until
after the RIF board convened.  After reviewing the processing  time  of  the
AM and the contested AAM, we note that although the  AM  was  for  a  period
after the AAM, the AM was approved before  the  AAM.   While  it  cannot  be
conclusively determined whether or not the absence of the AAM 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.   Moreover,  since  the  applicant  was  competing   for   an
opportunity to be retained on active duty and the award  was  for  sustained
meritorious achievement prior to the convening date of  the  RIF  board,  we
believe it should  be  a  matter  of  record  as  an  exception  to  policy.
Therefore, we recommend his records be corrected  to  the  extent  indicated
below.  Applicant’s counsel also requested the Air Force Commendation  Medal
(AFCM) awarded for the period 4 May 1987 through 6 March 1992 be  placed  in
his records; however, his records have been  administratively  corrected  to
include the AFCM.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that the Aerial Achievement Medal  awarded
for the period 7 November 1991 to 8 January 1992, was approved  on  14  July
1992, rather than 9 September 1992, and the award was accepted for  file  in
his Officer Selection Record on 18 July 1992.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-02879
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-2004-02879




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 Aerial
Achievement Medal awarded for the period 7 November 1991 to 8 January 1992,
was approved on 14 July 1992, rather than 9 September 1992, and the award
was accepted for file in his Officer Selection Record on 18 July 1992.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency