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AF | BCMR | CY2005 | BC-2005-00387
Original file (BC-2005-00387.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00387

            INDEX CODE:  107.00, 131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  6 AUG 2006
_________________________________________________________________


APPLICANT REQUESTS THAT:

His Joint Service Commendation Medals (JSCMs),  Basic  and  First  Oak
Leaf Cluster (1OLC), closing 24 April  2003  and  2  August  2003,  be
corrected to show they were approved and  accepted  for  file  in  his
Officer Selection Record (OSR) prior to the convening of the CY04B (12
July 2004) Lieutenant Colonel Central Selection Board (CSB).   If  the
award request is approved, he be considered for promotion to the grade
of lieutenant colonel by a Special Selection Board (SSB) for the CY04B
Lieutenant Colonel CSB, with his corrected record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

In April 2003 and August 2003, he was  nominated  for  two  JSCMs  for
“skillful” performance  and  “decisive”  leadership  while  conducting
combat operations in both Iraq (3 February 2003 - 23 April  2003)  and
Afghanistan  (25  April  2003  -   2   August   2003).    Due   to   a
misunderstanding  between  Joint  Forces  Command  and  United  States
Central Air Forces Decoration  Processing  Unit  (USCENTFAF/DPU),  the
processing of all joint medals was put on hold until clear  guidelines
for the award of joint medals could be developed.  He  recognized  the
importance of the two medals for inclusion in his  permanent  military
records and checked on the status of  the  medals  numerous  times  as
indicated in his statement.  Policy was finally established  and  both
JSCMs were approved on 4 August 2004 and 12 August 2004 respectively.

The delay in processing the medals was prejudicial  to  his  promotion
records since critical information about his leadership in combat  was
not available to his rating chain when his final  Officer  Performance
Report (OPR) and Performance  Recommendation  Form  (PRF)  were  being
written.

In support of his request, applicant submits copies of AF  Forms  3994
(Recommendation  for  Decoration  Deployment/Contingency  Operations),
copies of the JSCM citations,  a  statement  from  his  commander  and
additional  documents  associated  with  the  issues  cited   in   his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  Total  Active  Federal  Commissioned  Service   Date
(TAFCSD) is 4 May 1989.  He is currently serving on active duty in the
grade of major, with an effective date and date  of  rank  of  1  July
2000.  The following is a resume of his OPR ratings subsequent to  his
promotion to that grade.

            Period Ending    Evaluation

              28 Jul 00      Meets Standards (MS)
              28 Jul 01           MS
              28 Jul 02           MS
              28 Jul 03           MS
            # 19 Mar 04           MS

# Top report at  the  time  he  was  considered  and  nonselected  for
promotion to  lieutenant  colonel  by  the  CY04B  Lieutenant  Colonel
Central Selection Board, which convened on 12 July 2004.

The applicant was awarded the Joint Service Commendation Medal  (JSCM)
by Special Order GJ-0158,  dated  4  August  2004,  for  exceptionally
meritorious achievement as Defensive Duty Officer from 3 February 2003
to 24 April 2003.

He was awarded the JSCM, First Oak Leaf Cluster, by Special Order  GJ-
0165, dated 12 August 2004, for exceptionally meritorious  achievement
as Senior Air Defense Officer from 25 April 2003 to 2 August 2003.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO recommends the  application  be  denied.   DPPPO  states
that,  in  accordance  with  the  governing  Air  Force   instruction,
decoration recommendations are entered into official  channels  within
two years and awarded within three years of the  act,  achievement  or
service performed.  As such, these decorations  were  processed  in  a
timely manner.  Backdating the special orders to a date prior  to  the
Central Selection Board (CSB) would be a departure  from  current  Air
Force policy.  DPPPO sees no compelling reason to grant the  applicant
an exception in this  regard.   The  HQ  AFPC/DPPPO  evaluation,  with
attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  18
March 2005 for review and response.  As of this date, no response  has
been received by this office (Exhibit D).
_________________________________________________________________

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.   After  reviewing  the  evidence  of
record, the Board majority  is  persuaded  that  an  inordinate  delay
precluded the inclusion of  the  Joint  Service  Commendation  Medals,
Basic and First Oak Leaf Cluster, in the applicant’s records  when  he
was considered for  promotion  to  lieutenant  colonel  by  the  CY04B
Lieutenant Colonel Central Selection Board.  The Board majority  notes
the applicant has the support of his commander.   In  the  commander’s
letter of support, he states the narratives in the citations relate to
specific achievements, which attest  to  the  applicant’s  outstanding
performance  while  deployed,  and  that  this  information  was   not
available for review when  he  met  the  cited  selection  board.   It
appears the excessive delay in processing  the  awards  precluded  the
aforementioned decorations from  being  included  in  the  applicant’s
records, which may have proved harmful to his chances  for  promotion.
Whether this information was sufficiently  significant  to  alter  the
results of the CY04B selection board is a question the Board  majority
is unable to answer on the  basis  of  the  evidence  presented  here.
Nevertheless, the Board majority believes the applicant was improperly
disadvantaged because of the absence of documents  which  should  have
been in the record and which contained information the selection board
members could have considered significant.  Accordingly, in  order  to
resolve any potential promotion injustice to the applicant, the  Board
majority believes that any doubt in this matter should be resolved  in
his favor and that the record should be  corrected  in  the  following
manner.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be considered for  promotion  to  the  grade  of
lieutenant colonel by a Special Selection Board for the Calendar  Year
2004B Lieutenant Colonel Central Selection Board,  with  inclusion  of
the Joint Service Commendation Medal  (JSCM)  and  the  Joint  Service
Commendation Medal (JSCM), First  Oak  Leaf  Cluster  (1OLC),  in  his
Officer Selection Record.
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
00387 in Executive Session on 5 May 2005, under the provisions of  AFI
36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Sue A. Lumpkins, Member
              Mr. James W. Russell III, Member

By a majority vote, Mr. Peterson and Ms. Lumpkins recommended granting
the relief sought in this application.  Mr. Russell voted to deny  the
applicant’s request but did not desire to submit  a  minority  report.
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Jan 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPO, dated 7 Mar 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Mar 05.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2005-00387




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 considered for promotion to the grade
of lieutenant colonel by a Special Selection Board for the Calendar
Year 2004B Lieutenant Colonel Central Selection Board, with inclusion
of the Joint Service Commendation Medal (JSCM) and the Joint Service
Commendation Medal (JSCM), First Oak Leaf Cluster (1OLC), in his
Officer Selection Record.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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