RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00949
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 SEP 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Officer Selection Record (OSR)  for  the  Calendar  Year  2004A  (CY04A)
Colonel Central Selection Board (CSB) be corrected to include  the  citation
for the Meritorious Service Medal Fourth Oak Leaf Cluster  MSM  (4OLC),  for
the period 1  June  2002  to  16 July  2004  and  that  he  receive  Special
Selection Board (SSB) consideration for promotion to the  grade  of  Colonel
for the CY04A Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The contested decoration was not effective until 8 December  2004  -  nearly
six  months  after  the  performance  period  ended.   The  order  approving
official, AFSOC/A4, indicated the delay was unintentional and  not  intended
to adversely affect his promotion.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended  active  duty  (EAD)  in  the
grade of lieutenant colonel effective and with a date of  rank  (DOR)  of  1
March 2000.

The applicant was considered and not selected twice  for  promotion  to  the
grade of Colonel by the CY04A (6 December  2004)  and  CY05A  (12  September
2005) Colonel Selection Board.





Special Order GLG-009, dated 8 December 2004, awarded the MSM (4OLC) to  the
applicant for service performed during the period 1 June  2002  to  16  July
2004.

The citation accompanying the MSM (4OLC) for the period 1 June  2002  to  16
July 2004 was not filed in  the  applicant’s  OSR  when  it  met  the  CY04A
Central Colonel Selection Board which convened on 6 December 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  DPPPO states they determined the  applicant’s
MSM (4OLC) was processed within the guidelines  of  AFI  36-2803,  paragraph
3.1.  These guidelines state that  decoration  recommendations  are  entered
“into official channels within two years and awarded within three  years  of
the act, achievement, or service  performed.”   Furthermore,  in  accordance
with published guidance, the decoration award authority announces its  final
decision when approving  an  award  by  publishing  special  orders.   These
orders serve as the source document  for  updating  the  decoration  in  the
Military Personnel  Data  System  (MilPDS).   Because  the  order  for  this
decoration was published on 8 December 2004, the citation was  not  included
in his OSR nor was it reflected in any  of  their  official  personnel  data
systems when the board convened.  Backdating the special  order  to  a  date
prior to the CSB would be a departure from current Air Force  policy.   They
do not see a compelling reason to grant an exception in this regard.

Each  officer  eligible  for  promotion  consideration  is  advised  of  the
entitlement to communicate with the board president  to  call  attention  to
any matter of record concerning them that they believe  important  to  their
consideration.  As such, the applicant had the option to write a  letter  to
the board members informing them of the missing MSM (4OLC).  DPPPO  verified
that he did not elect to exercise this entitlement.

The award was processed in a timely manner and did not  exist  at  the  time
the board convened on 6 December 2004.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the evaluation and states it  is  true  that  his
decoration was processed in the time allowed by Air Force guidelines  to  be
included in  his  records;  however,  the  timing  of  the  orders  for  the
decoration made it impossible for the  decoration  to  be  included  in  his
records prior to the CY04A promotion board.  The orders  approving  official
stated in his memo that the delay in processing  the  decoration  order  was
inadvertent and not intended in any way to negatively affect the outcome  of
the selection board.  The timing of the decoration  order  relative  to  the
timing of the promotion board is the key point, not the timing with  respect
to the maximum allowed by Air Force guidance.

It is true he had the opportunity to communicate with the  board  through  a
letter informing the board of the missing decoration.  He is not  sure  what
he would have told the board.  He did  know  the  decoration  had  not  been
processed, but he did not know whether  it  was  accidental  or  intentional
although he  was  under  the  impression  he  was  being  considered  for  a
decoration when he left the Air Force Special  Operations  Command  (AFSOC).
He has never asked for a decoration or award nor has  he  written  his  own,
and has always been negatively impressed by those who  do.   He  has  always
believed it is his responsibility to write and submit timely decorations  on
his subordinates who deserve them.  He was disappointed that  no  decoration
appeared in his records  subsequent  to  leaving  AFSOC  and  prior  to  the
convening of the promotion board.   He  never  believed  it  was  proper  to
contact AFSCO to ask about the status of a potential decoration.

The applicant’s complete response, with attachments, 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or an  injustice.   The  applicant’s  contentions  are
duly noted and we took notice of his  complete  submission  in  judging  the
merits of the case; however, we agree with the  opinion  and  recommendation
of the Air Force and adopt its rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   In
this respect, we note that the selection board convened on 6 Dec 04 and  the
decoration in question was not approved until  8  Dec  04.   Notwithstanding
the close proximity of the convening of the selection  board  and  the  date
the decoration was approved, we find no evidence of an error  in  this  case
and are not persuaded by his contentions that he has been the victim  of  an
injustice.  We find no  evidence  which  would  show  that  he  was  treated
differently than similarly situated  individuals  or  that  the  appropriate
standards were not applied in this  case.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and the application will only be reconsidered upon  the
submission of newly discovered relevant evidence not  considered  with  this
application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00949 in Executive Session on 1 June 2006, under the provisions of  AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Vance E. Lineberger, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2006-00949 was considered:

   Exhibit A.  DD Form 149, dated 15 Mar 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPO, dated 19 Apr 06, w/atch.
   Exhibit D.  Letters, SAF/MRBR, dated 28 Apr 06, w/atch.
   Exhibit E.  Letter, Applicant, dated 24 Mar 06, w/atchs.





                                JAMES W. RUSSELL III
                                Panel Chair