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AF | BCMR | CY2006 | BC-2005-02652
Original file (BC-2005-02652.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02652
            INDEX CODE:  131.01, 107.00
      xxxxxxxxxxxxxxxxx      COUNSEL:  NONE

      xxxxxxxxxxxxxxxx HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 FEB 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given  Special  Selection  Board  (SSB)  consideration  by  the
Calendar Year 2004A (CY04A) Major Central Selection Board (CSB)  with
inclusion of his Air Force Commendation Medal (AFCM), Second Oak Leaf
Cluster (2OLC), and the citations  for  his  AFCM  (Basic  and  First
(1OLC)  and  Air  Force  Achievement  Medal  (AFAM)  in  his  Officer
Selection Record (OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never received his Officer Preselection  Brief  (OPB)  and/or  the
Memorandum for Record from the Board Support Branch  identifying  the
missing citations, so he  was  unable  to  correct  the  errors.   He
contends that his incomplete record created a negative perception  of
his duty performance and history, resulting in his  nonselection  for
promotion.

In support  of  his  request,  the  applicant  submitted  a  personal
statement, four MFRs, and a copy  of  his  AFCM  2OLC  narrative  and
Special Order.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended  active  duty  in  the
grade of captain.  Applicant was  considered  and  not  selected  for
promotion to the grade of major by the CY2004 CSB that convened on  1
November 2004.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPO recommends partial relief.   DPPPO  recommends  denial  to
include the AFCM 2OLC, since there is  no  error.   DPPPO  recommends
approval for SSB consideration with inclusion of  the  citations  for
the applicant’s AFCM, AFCM 1OLC, and AFAM in his OSR for the  CY2004A
board.

DPPPR states although the closing date of the AFCM 2OLC  was  19 June
2004, the special order awarding him this decoration was published on
30 June 2005.  In accordance with published guidance, the  decoration
award authority announces its final decision when approving an  award
by publishing special orders.  Thus, with  an  order  dated  30  June
2005, the citation would not have  been  included  in  his  selection
folder nor would it have been reflected in  official  personnel  data
systems at the time the CSB convened.

Additionally,  in  accordance  with  AFI  36-2803,   paragraph   3.1,
decoration recommendations are entered into official channels  within
2 years and awarded within  3  years  of  the  act,  achievement,  or
service performed.  As such, since this decoration was processed in a
timely manner, there is no compelling reason to include a  decoration
in the applicant’s OSR that did not exist prior to the  board.   This
decoration was not a matter of record when the CY2004A  CSB  convened
on 1 November 2004.

In regards to the applicant’s contention that he did not  receive  an
OPB or MFR to verify his OSR,  DPPPO  states,  the  OPB  instructions
advise the officer to contact Officer Records to verify the citations
on file in his OSR and the memorandum in  this  case  identified  the
missing citations prior to convening of the board.  As such, although
he checked his virtual military personnel flight, which revealed that
his decorations were in the system, he was not  aware  the  citations
were missing from his OSR.


Therefore,  DPPPO  believes  SSB  consideration  is  warranted   with
inclusion of the citations from the applicants AFCM, AFCM  1OLC,  and
AFAM in his OSR for the CY2004A board.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his issue is not with the timelines of the  AFCM
2OLC, as he completely agrees that the medal was approved within  the
timeline per Air Force instructions.

His contention is that he should not be penalized for actions that he
could not control.  He believes promotion boards evaluate the  “whole
person” concept, not whether a supervisor has done his/her job.

The facts strongly indicate his and several  other  medals  were  not
written,  nor  would  have  been  until   his   inquiry,   which   is
substantiated in the attached letter.  He is  not  looking  to  place
blame, but only asks the board to evaluate his record fairly and as a
whole.

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.     Insufficient  relevant  evidence   has   been   presented   to
demonstrate  the  existence  of  error  or  injustice  regarding  the
applicant’s request that his AFCM  2OLC  be  included  in  the  CY04A
selection process.  In this respect, the Board notes  the  decoration
award authority announces its final decision when approving an  award
by publishing special orders. Thus, it is our opinion that  the  AFCM
2OLC was not a matter of record  at  the  time  the  selection  board
convened and accordingly, it was not required to be included  in  his
selection record.  The Board also notes,  decoration  recommendations
are entered into official channels within 2 years and awarded  within
3 years of the act, achievement, or service  performed.   Since  this
decoration was processed in a timely manner, we  find  no  compelling
basis to recommend granting the  requested  relief.  The  applicant’s
contentions are duly noted; however, we  agree  with  the  Air  Force
office of primary responsibility 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 matter.

4.    Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice in  regards  to  the  applicant’s
request that his OSR be corrected to include the  citations  for  his
AFCM, AFCM 1OLC and AFAM in his Officer Selection Record.  The  Board
notes  the  applicant  contends  that  due  to  being  geographically
separated from his unit, he did not  receive  an  OPB  prior  to  the
promotion board convening and was therefore not aware  the  citations
were missing from his OSR.  The Board believes the applicant may  not
have had the opportunity to review his OPB since he serves as a  ROTC
recruiter and is  separated  from  his  unit.   While  it  cannot  be
conclusively determined whether or not the absence  of  these  awards
was the sole reason for the applicant’s nonselection for promotion by
the Board in question, 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.

_________________________________________________________________

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  Force
Achievement Medal for the period 17 February 1998 to 14  April  1998,
was accepted for file in his Officer Selection Record on or before 31
October 2004.

        b.  The Citation to accompany the  award  of  the  Air  Force
Commendation Medal for the period 8 July 1998 to 1  March  1999,  was
accepted for file in  his  Officer  Selection  Record  on  or  before
31 October 2004.

      c.  The Citation to  accompany  the  award  of  the  Air  Force
Commendation Medal First Oak Leaf Cluster for  the  period  25  March
1999 to 1 July 2001, was accepted for file in his  Officer  Selection
Record on or before 31 October 2004.

It is further recommended that  his  record,  to  include  the  above
corrected OSB, be considered for promotion to the grade of Major by a
Special Selection Board for the Calendar  Year  2004A  Major  Central
Selection  Board  and  any  subsequent  boards  in  which  the  above
corrections were not a matter of record.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2005-
02652 in Executive Session on 16 November 2005, under the  provisions
of AFI 36-2603:

            Mr. Laurence M. Groner, Panel Chair
            Mr. Wallace F. Beard Jr., Member
            Mr. Terry L. Scott, Member

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

      Exhibit A. DD Form 149, dated 15 Aug 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPO, dated 12 Sep 05, w/atchs.



      Exhibit D. Letter, SAF/MRBR, dated 16 Sep 05.
      Exhibit E. Letter, Applicant, dated 12 Oct 05, w/atch.





                                   LAURENCE M. GRONER
                                   Panel Chair


AFBCMR BC-2005-02652



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:

      a.  The Citation to accompany the award of the Air Force Achievement
Medal for the period 17 February 1998 to 14 April 1998, was accepted for
file in his Officer Selection Record on or before 31 October 2004.

      b.  The Citation to accompany the award of the Air Force Commendation
Medal for the period 8 July 1998 to 1 March 1999, was accepted for file in
his Officer Selection Record on or before 31 October 2004.

      c.  The Citation to accompany the award of the Air Force Commendation
Medal First Oak Leaf Cluster for the period 25 March 1999 to 1 July 2001,
was accepted for file in his Officer Selection Record on or before 31
October 2004.

      It is further directed that his record, to include the above
corrected OSB, be considered for promotion to the grade of Major by a
Special Selection Board for the Calendar Year 2004A Major Central Selection
Board and any subsequent boards in which the above corrections were not a
matter of record.





                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency



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