RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02181
            INDEX CODE:  131.01, 107.00
            COUNSEL:

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  2 MAY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His  records  be  reconsidered  for  a  Definitely  Promote  “DP”
recommendation by the Calendar Year 2001B (CY01B) Air  Force  Student
Management Level Review (MLR) that was held on 25 September 2001.

2.  He be given Special Selection Board (SSB)  consideration  by  the
CY01B Colonel Central Selection Board (CSB)  with  inclusion  of  his
Distinguished Flying Cross (DFC) First Oak Leaf Cluster  (1OLC),  Air
Medals (AMs) (Basic and First (1OLC),  and  his  Meritorious  Service
Medal (3OLC) in his Officer Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Through no fault of his own, essential documentation was absent  from
his OSR.  He believes the absence of this information prejudiced  his
consideration for promotion to the grade of colonel.

In support  of  his  request,  the  applicant  submitted  a  personal
statement through his attorney, a list  of  his  authorized  military
ribbons, seven letters of support stating his efforts to correct  his
records, a series of emails, a letter of support from a member of the
promotion board, and excerpts from his military records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air  Force  in  the
grade of  lieutenant  colonel.   Applicant  was  considered  and  not
selected for promotion to the grade of colonel by the  CY01B,  CY02B,
and the CY03B Colonel Central Selection Boards.

On  25  October  2004,  the  applicant’s  OSR  was  reviewed   by   a
Supplemental Management Level Review (SMLR) and recommended to retain
the “Promote” recommendation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial.  DPPPE states the decorations that were
missing from the Duty Qualification History Brief (DQHB) were the DFC
1OLC  and  two  MSMs.   The  applicant’s  DQHB   was   corrected,   a
supplemental MLR was conducted and the  PRF  recommendation  did  not
change.  DPPPD also states the MSM citation for the applicant’s Egypt
tour was missing from his records at the time of the MLR, but it  was
reflected on his DQHB.  According to DPPPE, MLRs do  not  review  the
actual citation but the total numbers of decorations are reflected on
the DQHB.

DPPPE states that based on the approval date of  the  decorations,  a
supplemental MLR should not have  been  convened  as  they  were  not
authorized to be on the DQHB.

DPPPO recommends denial.  DPPPO states although the close out date of
the DFC 1OLC is 20 February 1991, and  the  MSM  3OLC  is  4 December
1998, these decorations were awarded on  26  September  2002  and  18
September 2002, respectively--over one year  after  the  CY01B  board
convened.

DPPPO states 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 decorations in the Military Personnel  Data
System.  Since the orders were published after  the  board  convening
date, the citations would not have  been  filed  in  his  record  nor
reflected  in  any  personnel  data  system  prior  to  CY01B   board
convening.  As such, these decorations  were  not  authorized  to  be
reflected on the DQHB that met  the  supplemental  MLR  and  are  not
authorized to be reflected on his CY01B OSB.

The DPPPE and DPPPO complete evaluations are at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant, through his attorney states  he  requested  Air  Force
personnel fix major mistakes in his promotion  folder.   He  believes
the system’s failure to do so eventually snowballed into denying  him
a fair and equal chance at promotion.  His records have finally  been
updated, and he submitted his case for reconsideration for  promotion
to Colonel.  However, the advisory still does not concede error.  The
advisory keys on  the  issue  of  time  of  his  original  board  and
therefore illogically seeks to deny redress.

He states the advisory asserts that  having  awards  and  decorations
incorrectly posted in his records at the primary selection board  did
not harm his promotion opportunity.  He believes that is incongruous.
 The former USAF Chief of Staff personally asked him if there was any
information such as medals or OPRs missing from his  promotion  file.
The General commented that, “Promotions to colonel are so tight  that
often it is the missing or distractive element that boards  can  only
use  to  discriminate.”   The  current  promotion   board   secretary
emphasized that at the  field  grade  level  any  omission  from  the
records sends an undeniable negative signal to the board.

He states the Air Force awarded him two DFC (Basic)  awards  in  1992
and later claimed that one of the DFCs had  not  been  awarded  until
after his colonel selection board.  Erroneous information was  posted
into his records.  He was awarded an AM (Basic) after he had  already
been awarded an AM w/2 OLC.  The Air Force failed to post a  MSM  w/2
OLC to his records.  Subsequently, he was not  awarded  a  MSM  until
four years after he completed  the  tour  for  which  the  medal  was
awarded.

He believes all of these factors created a record, which could easily
appear undistinguished to the promotion board.

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.  Sufficient relevant evidence has been  presented  to  demonstrate
the  existence  of  error  or  injustice  to  warrant  providing  the
applicant SSB consideration for the CY01B board, with  the  citations
to accompany award of the AMs (Basic and  1OLC)  and  the  MSM  2OLC,
filed  in  his  records.   The  Board  notes  that   although   these
decorations  were  correctly  listed  on  the  applicant’s  OSB   the
citations were missing from his OSR.  While it cannot be conclusively
determined whether or not the absence of  these  citations  were  the
sole reasons for his nonselection for promotion by the  CY01B  board,
we do believe that it served to deprive him  of  fair  and  equitable
consideration.  In view of the above, and in  order  to  resolve  any
injustice  to  the  applicant,  we  recommend  that  his  records  be
corrected to the extent indicated below.

4.  Insufficient relevant evidence has been presented to  demonstrate
the existence of  error  or  injustice  regarding  the  remainder  of
applicant’s request.  In this respect, we note the following:

      a.    We find no basis to recommend that applicant’s records be
reconsidered for a DP recommendation by the CY01B MLR.  Although  the
DFC 1OLC and two MSMs were originally missing from his DHQB, the DHQB
was subsequently corrected to include them, and  a  supplemental  MLR
was conducted, resulting in no  change  to  his  PRF  recommendation.
Although the applicant contends the MSM citation for his  Egypt  tour
was missing from his records, MLRs do not review the actual  citation
but the total number of decorations listed on the DHQB.  In  view  of
the above, and since the correct number of decorations were reflected
on his DHQB, we find no basis to direct that his record meet  another
supplemental MLR.

      b.    The special orders awarding the DFC  1OLC  and  MSM  3OLC
were published after the CY01B board convened.   Further,  they  were
not required to be filed in his  records  until  60  days  after  the
orders were published.  Since the decorations did not  exist  at  the
time of the CY01B board, we find no basis to have them considered  by
an SSB for this board.  USCENTAF Special Order G-024, dated  15  June
1991,  awarded  the  applicant  the  DFC  (Basic)  for  extraordinary
achievement while participating in aerial flight on 20 February 1991,
near Al Subiyan.  USCENTAF Special Order GA-099, dated  26  September
2002,  awarded  the  applicant  the  DFC  1OLC  for   heroism   while
participating in aerial flight on 20 February 1991, near the Latifiya
Rocket Propellant Plant.  Counsel contends the DFC  awarded  for  the
Latifiya mission was originally awarded on 15 June 1991  per  Special
Order G-024, and that rather than amending Special Order  G-024,  the
DFC was “re-awarded” in 2002.  We disagree.  As indicated on  Special
Order G-024 and the accompanying citation, the DFC for the Al Subiyan
mission was awarded for extraordinary achievement; whereas,  the  DFC
1OLC awarded for the Latifiya mission was  awarded  for  heroism,  as
indicated in the accompanying citation and Special Order GA-099.   We
have thoroughly reviewed the evidence of record and the documentation
provided by applicant and find no evidence the applicant was  awarded
the DFC 1OLC prior to the CY01B board.  Therefore, in the absence  of
evidence to the contrary, we find no basis upon  which  to  recommend
favorable consideration of this portion of the application.

5.  The applicant's case is adequately documented and it has not been
shown that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 citation to accompany the  award  of  the  Air  Medal
(Basic) for the period  3 January  1997  to  23  February  1997,  was
accepted for file in his Officer Selection Record (OSR) on or  before
31 October 2001.

      b.    The citation to accompany the award  of  the  Air  Medal,
First Oak leaf Cluster, for the period 7 February 1991 to 27 February
1991, was accepted for file in his OSR on or before 31 October 2001.

      c.    The citation to accompany the award  of  the  Meritorious
Service Medal, Second Oak Leaf Cluster, for  the  period  5  December
1998 to 21 June 2001, was accepted for file in his OSR on  or  before
31 October 2001.

It is further recommended that  his  record,  to  include  the  above
referenced citations, be considered for promotion  to  the  grade  of
colonel by a Special Selection Board  for  the  Calendar  Year  2001B
Colonel Central Selection Board and any subsequent  boards  in  which
the above referenced citations were not a matter of record.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2004-
02181 in Executive Session on 8 February 2006, under  the  provisions
of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Barbara R. Murray, Member

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

      Exhibit A. DD Form 149, dated 28 Jun 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPE/DPPPO, dated 6 Jan 05.
      Exhibit D. Letter, SAF/MRBR, dated 14 Jan 05.
      Exhibit E. Letter, Applicant, dated 23 Nov 05, w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair
 MEMORANDUM FOR  THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                 CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  JAMES E. POWELL, 587-96-2947, Docket No:  BC-2004-02181

      I have carefully considered all of the circumstances of this case and
do not agree with the panel’s recommendation to deny the applicant’s
request for Special Selection Board (SSB) consideration with the
Distinguished Flying Cross, First Oak Leaf Cluster (DFC, 1 OLC) a matter of
record.

      Although the panel has recommended the applicant’s records, to
include two Air Medals (AMs) and a Meritorious Service Medal (MSM), be
considered by an SSB for the CY01B board, they do not recommend the DFC, 1
OLC, be placed in his OSR because the special orders awarding the
decoration were not published until after the CY01B board convened.
However, I believe the applicant is being unfairly punished for the
untimely processing of this award.  I note that in 2002, over 10 ½ years
after his act of heroism on 20 February 1991 near the Latifiya Rocket
Propellant Plant, the applicant was finally awarded the subject award.  Had
this award been timely processed, it would have been a matter of record
during the CY01B board as was the DFC awarded on 15 June 1991, for his
extraordinary achievement on 20 February 1991, near Al Subiyan.

      In view of the above, and based on the totality of the evidence
presented, I believe the interest of justice can best be served by
resolving this issue in favor of the applicant.  Therefore, I direct that
his records be corrected to show that on 15 June 1991, rather than 26
September 2002, he was awarded the DFC, 1 OLC, for heroism on 20 February
1991, near the Latifiya Rocket Propellant Plant, and the DFC, 1 OLC, and
the citation to accompany award of the DFC, 1 OLC, was accepted for file in
his OSR on or before 31 October 2001.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


AFBCMR  BC-2004-02181



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 XXXXXXXXXXXXX, be corrected to show that:

            a.   On 15 June 1991, rather than 26 September 2002, he was
awarded the Distinguished Flying Cross, First Oak Leaf Cluster (DFC, 1
OLC), for heroism on 20 February 1991, near the Latifiya Rocket Propellant
Plant, and the citation to accompany the award was accepted for file in his
OSR on or before 31 October 2001.

            b.   The citation to accompany the award of the Air Medal
(Basic) for the period 3 January 1997 to 23 February 1997, was accepted for
file in his Officer Selection Record (OSR) on or before 31 October 2001.

      c.    The citation to accompany the award of the Air Medal, First  Oak
leaf Cluster, for the period  7 February  1991  to  27  February  1991,  was
accepted for file in his OSR on or before 31 October 2001.

      d.    The citation to accompany the award of the  Meritorious  Service
Medal, Second Oak Leaf Cluster, for the period 5 December 1998  to  21  June
2001, was accepted for file in his OSR on or before 31 October 2001.

      It is further directed that his record, to include the above
referenced citations, be considered for promotion to the grade of colonel
by a Special Selection Board for the Calendar Year 2001B Colonel Central
Selection Board and any subsequent boards in which the above referenced
citations were not a matter of record.





                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency