RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02903
            INDEX CODE:  131.00, 107.00
            COUNSEL:  Mr. Barry P. Steinberg

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Records (OSR) prepared  for  the  21  Sep  04  Special
Board be corrected to  include  the  Air  Force  Commendation  Medal  (AFCM)
second oak leaf cluster (2OLC) awarded for the period 26 Nov 89  through  13
Dec 91.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The orders reflecting the award of the AFCM (2OLC0 were issued on 1 Sep  92,
almost 9 months after the end of the period for which the  award  was  made.
As a  consequence  of  the  delay  the  award  will  not  be  available  for
consideration by the Special Board because the award did not exist when  the
original Reduction in force (RIF) board convened.  Since the  Special  Board
will consider officers without any quota no officer  will  be  placed  at  a
competitive disadvantage by this correction.   The  correction  will  enable
the  Special  Board  to  be  better  informed  of  his  achievements.    The
inordinate delay in the issuance of the award is through  no  fault  of  his
own.  Equity requires that any  officer  being  considered  for  involuntary
elimination be evaluated with a full and complete record.  Denying  a  board
records, assessments, awards and reports because of delays not  attributable
to the conduct of the officer is fundamentally unfair.

In  support  of  his  request,  applicant  provided  his  counsel's   brief,
documentation pertaining to award of the AFCM, and his  OSR  contents.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant Reserve of the Air Force  on  17
Dec 85.  He was progressively promoted  to  the  grade  of  captain,  having
assumed that grade effective and with a date of rank of 17 Dec 89.   He  was
considered and not selected for retention in the Air Force by the  FY93  RIF
board, which convened on 20 Jul 92.  He was separated from  active  duty  on
31 Dec 92.  He is currently serving in the Air Force  Reserves  on  extended
active  duty  in  the  grade  of  major.   Pursuant  to  the  court  ordered
settlement in the Berkley v. United States case  he  is  being  reconsidered
for retention by the Calendar Year 2004 Special Board on 21 Sep 04.

On 1 Sep 92, applicant was awarded the AFCM (2OLC) for the period 26 Nov  89
through 13 Dec 91.

Applicant's complete OPR profile prior to the RIF  board  reflected  overall
assessments of "Meets Standards."

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states,  although  the  period  of  the
AFCM was prior to the convening of the RIF board, it was not approved  until
after the board convened.  Inclusion of decorations that did  not  exist  at
the time of the board significantly departs from Air  Force  policy.   DPPPO
can find no  provisions  in  policy  that  authorize  changing  the  date  a
decoration was approved.

The DPPPO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel states the  award  of  the  AFCM  was  delayed  but  the  period  of
performance ended prior to the original board.  The delays should not  be  a
basis to deny full and fair consideration.

His 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.  Applicant contends that  as  a  result  of
delays in processing of his AFCM (2OLC), he was considered by the RIF  board
without a full and complete record of his performance.  On the  other  hand,
the Air Force recommends denial noting that,  although  the  period  of  the
AFCM was prior to the convening of the RIF board, it was not approved  until
after the board convened; and that inclusion of  decorations  that  did  not
exist at the time of the board significantly departs from Air Force  Policy.
 We do not take issue with Air Force policy.  However, given the  fact  that
the applicant was competing for an opportunity  to  be  retained  on  active
duty and in consideration of the  somewhat  excessive  processing  time  for
approval of the award, we believe it should have been  a  matter  of  record
for the  original  RIF  board.   Therefore,  we  recommend  his  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 the Air Force  Commendation  Medal,
(2OLC) for the period 26 November  1989  through  13  December  1991,  was
approved on 1 July 1992, rather than 1 September 1992,  and  was  accepted
for file in his Officer Selection Record on 5 July 1992.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-02903
in Executive Session on 20 Sep 04, 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 3 Sep 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 16 Sep 04.
    Exhibit E.  Letter, Counsel, dated 15 Sep 04.




                             CHARLES E. BENNETT
                                             Panel Chair

AFBCMR BC-2004-02903




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 APPLICANT, be corrected to show that the Air Force
Commendation Medal, (2OLC) for the period 26 November 1989 through 13
December 1991, was approved on 1 July 1992, rather than 1 September 1992,
and was accepted for file in his Officer Selection Record on 5 July 1992.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency