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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