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AF | BCMR | CY2004 | BC-2004-02944
Original file (BC-2004-02944.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02944
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The Officer Performance Report rendered on him  for  the  period
1 May 02 through 30 Apr 03 be  included  in  his  officer  selection
record (OSR) for the calendar year  2003B  (CY03B)  Colonel  Central
Selection Board.

2.  The Meritorious Service Medal  (Fifth  Oak  Leaf  Cluster),  MSM
(5OLC), awarded to him for the period 5 Jun  01  to  27  Jun  03  be
included in his OSR for the CY03B Colonel Central Selection Board.

3.  The Air Medal (First  Oak  Leaf  Cluster)  awarded  to  him  for
meritorious achievement on 25 Mar 03 be included in his OSR for  the
CY03B Colonel Central Selection Board.

4.  The Bronze Star Medal (with Valor) awarded to him for heroism on
18 May 03 be included in his  OSR  for  the  CY03B  Colonel  Central
Selection Board.

5.  The Bronze Star  Medal  (First  Oak  Leaf  Cluster  with  Valor)
awarded to him for heroism for the period 19 Feb 03 to 20 Jun 03  be
included in his OSR for the CY03B Colonel Central Selection Board.

6.   He be considered for promotion  to  the  grade  of  colonel  by
special  selection  board  (SSB)  for  the  CY03B  Colonel   Central
Selection Board with the corrected record.

__________________________________________________________________

APPLICANT CONTENDS THAT:

The OPR and MSM were  mandatory  for  inclusion  in  his  OSR.   The
remaining decorations took up to 10 months to process  resulting  in
them not being available to the  promotion  board.   Nominations  on
other officers for events  occurring  in  the  same  timeframe  were
processed and included in their records  for  consideration  by  the
promotion board.

In  support  of  his  appeal,  applicant  provides  a  copy  of  the
referenced OPR and the citations and certificates for the referenced
awards.

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

__________________________________________________________________

STATEMENT OF FACTS:

The applicant is serving on active duty in the grade  of  lieutenant
colonel.  His Total Active Federal Military Service Date (TAFMSD) is
18 Jun 81.  The  applicant  was  considered  but  not  selected  for
promotion to the grade of colonel by the CY02B (3 Dec 02) and  CY03B
(27 Oct 03) Central Colonel Selection Boards.

__________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO   recommends   the   applicant   be   granted   promotion
consideration by SSB with the MSM (5OLC) included  in  his  OSR  and
annotated on his officer selection  brief  (OSB).   They  agree  the
citation for the award was not on file and should  have  been.   The
special order and citation for  the  MSM  (5OLC)  should  have  been
forwarded by 29 Sep 03, which is prior to the board date, and within
30 days of the date of the special order, 29 Aug 03.  They defer  to
the Board regarding the applicant’s  requests  on  the  Bronze  Star
Medals with Valor (Basic & 1OLC) awarded in Jan 04 and the Air Medal
(1OLC) awarded in Apr 04.

AFPC/DPPPO disagrees with the applicant’s assertion his OPR  closing
30 Apr 03 was not included in his OSR for the  CY03B  board.   Their
review shows the OPR was date stamped 27 Oct 03, the date the  board
convened.  The date stamp on documents in the OSR reflects the  date
the document was filed and became  an  official  matter  of  record.
They further note that the sequence number on the right hand  corner
of the OPR matched the sequence number on the OSB.

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

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the  applicant  concurs
with the recommendation to give him promotion consideration  by  SSB
based on his missing MSM.  However, he does not concur that his  OPR
closing 30 Apr 03 was in his records.  He notes, however, this  will
be a mute issue if  the  Board  approves  the  SSB.   The  applicant
reiterates that the Bronze Star Medals and Air  Medal  (1  OLC)  all
closed out prior to the date of his promotion  board.   He  believes
the medals should be included in his record  since  decorations  for
the same time period on other officers were  processed  in  time  to
meet the CY03B promotion board.

The applicant’s complete response, 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.   We  agree  with  and  accept
AFPC/DPPPO’s  recommendation  to  grant  the   applicant   promotion
consideration to the grade of colonel by Special Selection Board for
the CY03B Colonel Central Selection Board.  Regarding  that  portion
of the applicant’s request to  have  the  Bronze  Star  Medal  (with
Valor), Bronze Star Medal (First Oak Leaf Cluster with  Valor),  and
Air Medal (First Oak Leaf Cluster) also included in his OSR for  the
CY03B Colonel Central Selection Board, we believe  he  has  provided
sufficient evidence to show the time taken to process  these  medals
was longer than that of  several  of  his  contemporaries  similarly
recognized for the same time frame.  We believe to deny inclusion of
these medals would constitute an injustice to the applicant.   After
reviewing all of the evidence of record, we  agree  with  AFPC/DPPPO
the applicant’s OPR closing  30 Apr 03 was included in his OSR  when
his record was considered by the CY03B board.  However, since we are
recommending the applicant’s records be considered by an  SSB,  this
becomes a mute issue since the OPR was received for  file  prior  to
the date of the 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:

        a.  The Meritorious Service Medal (Fifth Oak  Leaf  Cluster)
awarded to him for the period 5  June  2001  to  27  June  2003  was
accepted for file in his Officer Selection Record (OSR) on or before
1 October 2003.

        b.  The Air Medal (First Oak Leaf Cluster)  awarded  to  him
for meritorious achievement while participating in aerial flight  on
25 March 2003 was awarded  to  him  on  1  September  2003  and  was
accepted for file in his Officer Selection Record (OSR) on or before
1 October 2003.

        c.  The Bronze Star Medal (with Valor) awarded  to  him  for
heroism on 18 May 2003 was awarded on 1 August 2003 and was accepted
for file in his Officer  Selection  Record  (OSR)  on  or  before  1
September 2003.

        d.  The Bronze Star  Medal  (First  Oak  Leaf  Cluster  with
Valor) awarded to him for heroism from 19 February 2003 to  20  June
2003 was awarded on 15 October 2003 and was accepted for file in his
Officer Selection Record (OSR) on or before 20 October 2003.

It is further recommended that he be considered for promotion to the
grade of colonel by Special Selection Board (SSB) for the CY03B  (27
October 2003) Central Colonel Selection  Board  with  the  corrected
record.

__________________________________________________________________

The following members of the Board considered Docket Number BC-2004-
02944 in Executive Session on 15 December 2004, under the provisions
of AFI 36-2603:

      Mr. Frederick R. Beaman, III, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. Deborah A. Erickson, Member

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

     Exhibit A.  DD Form 149, dated 13 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPO, dated 18 Oct 04, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.
     Exhibit E.  Memorandum, Applicant, dated 4 Nov 04, w/atch.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair

AFBCMR BC-2004-02944


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:

             a.  The  Meritorious  Service  Medal  (Fifth  Oak  Leaf
Cluster) awarded to him for the period 5 June 2001 to 27  June  2003
was accepted for file in his Officer Selection Record  (OSR)  on  or
before 1 October 2003.

            b.  The Air Medal (First Oak Leaf  Cluster)  awarded  to
him for meritorious achievement while participating in aerial flight
on 25 March 2003 was awarded to him on              1 September 2003
and was accepted for file in his Officer Selection Record  (OSR)  on
or before     1 October 2003.

            c.  The Bronze Star Medal (with Valor)  awarded  to  him
for heroism on 18 May 2003 was awarded on  1  August  2003  and  was
accepted for file in his Officer Selection Record (OSR) on or before
1 September 2003.

            d.  The Bronze Star Medal (First Oak Leaf  Cluster  with
Valor) awarded to him for heroism from 19 February 2003 to  20  June
2003 was awarded on 15 October 2003 and was accepted for file in his
Officer Selection Record (OSR) on or before 20 October 2003.

      It is further directed that he be considered for promotion to
the grade of colonel by Special Selection Board (SSB) for the CY03B
(27 October 2003) Central Colonel Selection Board with the
corrected record.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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