RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2005-03319
                                       INDEX CODE:  100.05
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  1 May 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be considered  by  a  Special  Selection  Board  (SSB)  for  the
Calendar Year 2005A (CY05A) (6 July 2005) (P0505A) Below-the-Promotion  Zone
(BPZ) Lieutenant  Colonel  (Lt  Col)  Central  Selection  Board  (CSB)  with
inclusion of his Bronze Star  Medal  (BSM)  and  Meritorious  Service  Medal
(MSM) with First Oak Leaf Cluster (1OLC) in  his  Officer  Selection  Record
(OSR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His BSM was not approved  until  25  August  2005,  almost  one  year  after
departing Iraq.  His MSM/1OLC was earned from 2003-2005, with the  inclusive
period ending six days prior to his promotion board.  At  the  time  of  his
promotion board to Lt Col (CY05A), he was not aware either  medal  had  been
awarded to him.

In support of his appeal, the applicant provided citations  and  orders  for
both the BSM and MSM/1OLC;  and,  data  from  the  Military  Personnel  Data
System  (MilPDS);  award  status  tracker;  and   awards   and   decorations
information.  The applicant’s complete submission, with attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the MilPDS, the applicant is currently serving on  active  duty
in the grade of major with a date of rank of 1 April 2002.  He has  a  Total
Active Federal Military Service Date of 15 June  1990  and  a  Total  Active
Federal Commissioned Service Date of 29 May 1991.

The applicant was nonselected to the grade  of  lieutenant  colonel  by  the
CY05A BTZ Lt Col CSB.  The following is a resume of his
Officer Performance Report ratings and training reports commencing with  the
report closing 29 November 1995:

      PERIOD ENDING                     OVERALL EVALUATION

      29 Nov 95 (Capt)            Meets Standards (MS)
      15 Apr 96                                MS
      28 Jun 96                         Training Report (TR)
      17 Jan 97                                MS
      17 Jan 98                                MS
      10 Jul 98                                MS
      12 Aug 99                         Training Report (TR)
      28 Apr 00                                MS
      28 Apr 01                                MS
      28 Apr 02 (Major)                        MS
      28 Apr 03                                MS
      28 Apr 04                                MS
      28 Apr 05                                MS

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends partial approval of the  applicant’s  request.   DPPPO
agrees with the applicant’s contention that his MSM/1OLC  should  have  been
in his OSR.  DPPPO states since the order for his decoration  was  published
on 20 June 2005 and closeout date of the decoration is 30  June  2005  (both
dates prior to convening of the board date), the citation should  have  been
filed in  his  OSR  and  updated  on  his  Officer  Selection  Brief  (OSB).
However, DPPPO has determined the applicant’s BSM, awarded by Speical  Order
G-3177, dated 25 August 2005, was processed within  the  guidelines  of  Air
Force Instruction 36-2803, paragraph  3.1.   The  guidelines  indicate  that
decoration recommendations are entered “into official  channels  within  two
years and awarded within three years of the  act,  achievement,  or  service
performed.”  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 MilPDS.  Since the  order  for  his  BSM  was
published on 25 August 2005, the citation could not have been filed  in  his
OSR nor reflected in any personnel data systems  when  the  board  convened.
Thus, his BSM did not exist when the P0505A board convened on  6 July  2005.


DPPPO  recommends  denial  of  the  request  to  include  the  BSM  in   the
applicant’s record  since  its  absence  is  not  an  error;  however,  they
recommend approval for SSB consideration  with  inclusion  of  his  MSM/1OLC
citation in his P0505A OSR and reflected on his OSB.  If  the  Board  should
grant the relief sought in its entirety, DPPPO recommends the  date  on  the
special order awarding the BSM be adjusted to a date prior to 6  July  2005,
and subsequently the citation be filed in his P0505A OSR  and  annotated  on
his OSB.  The AFPC/DPPPO evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states although his BSM was processed  in  accordance  with
established guidance, it was not processed and awarded to him in the same
manner or timeframe as other Air Force members who deployed to  the  same
region at the same time, or to other Air Force members who have  recently
returned  from  deployment  from  that  region   of   the   world.    All
documentation required for him to be submitted for the BSM  was  prepared
and ready for submission to the CENTAF awards board by AFOSI prior  to  1
September 2004.  However, for unknown reasons  the  paperwork  justifying
the BSM was not received by the CENTAF board for consideration  until  18
February 2005 (almost six months after he redeployed).  As a result,  the
ultimate processing and approval of the BSM  was  unnecessarily  delayed.
As a result of the delay, he feels  he  potentially  missed  a  promotion
opportunity at his one year BTZ Lt Col board.  Had his BSM been submitted
and approved in  a  timely  manner,  it  would  have  been  included  for
consideration at his Lt  Col  promotion  board,  it  would  have  further
solidified his strong record of performance, and it would  have  enforced
his commanding general’s #1 endorsement for promotion  on  his  promotion
recommendation form.  The applicant’s rebuttal, with attachments,  is  at
Exhibit D.

_________________________________________________________________

THE BOARD DETERMINES 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 an error or injustice warranting some corrective  action.   The
applicant contends that he should receive SSB  consideration  for  promotion
to lieutenant colonel by the P0505A BPZ Lt Col CSB with his  awards  of  the
MSM/1OLC and BSM included on his P0505A OSR.  After reviewing  the  evidence
presented,  the  Board  agrees  with  the  Air  Force  Office   of   Primary
Responsibility to include the applicant’s MSM/1OLC on  his  P0505A  OSR  and
his records be considered by SSB for the P0505A  Lt  Col  CSB.   However,  a
majority of the Board does not agree to include his award of the BSM on  his
P0505A OSR.  The applicant asserts he  suffered  an  injustice  because  the
processing and approval of his BSM was unnecessarily delayed.  As  a  result
of the delay, he feels he potentially missed a promotion opportunity at  his
one year BPZ Lt Col board.  However, the Board majority disagrees with  this
assertion and notes his BSM was processed in accordance with the  guidelines
of the Air Force  Instruction  and  finds  the  applicant  was  not  treated
differently than any other member in similar circumstances.   Therefore,  it
is the Board majority’s opinion that in order to provide the applicant  fair
and equitable relief, his records should be corrected as indicated below.

4.  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.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to  show  that  his  award  of  the  MSM/1OLC  was
accepted for file in his OSR before 6 July 2005.

It is further  directed  that  his  record,  to  include  the  MSM/1OLC,  be
considered for promotion to the  grade  of  lieutenant  colonel  by  Special
Selection Board for the CY05A Lt Col  CSB  and  any  subsequent  boards  for
which the above award was not a matter of record.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 March 2006, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Josephine L. Davis, Member


All  Board  members  voted  to  grant  the  applicant’s  request   for   SSB
consideration for the P0505A BPZ Lt Col CSB with inclusion of  his  MSM/1OLC
in his OSR; however, the majority of the Board voted to deny his request  to
include his BSM in his OSR.  Mr.  Wolffe  voted  to  grant  the  applicant’s
request in its entirety and submitted a minority report  (Exhibit  E).   The
following documentary evidence for AFBCMR Docket  Number  BC-2005-03319  was
considered:

     Exhibit A.  DD Form 149, dated 21 Oct 05, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPO, dated 5 Dec 05, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 9 Dec 05.
     Exhibit D.  Applicant’s Rebuttal, dated 23 Jan 06, w/atchs.
     Exhibit E.  Minority Report.




                                  CHARLENE M. BRADLEY
                                  Panel Chair


AFBCMR BC-2005-03319




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 XXXXXXXXXXXXXXXXXXXXX, be corrected to show that his award of
the Meritorious Service Medal First Oak Leaf Cluster (MSM/1OLC) awarded for
the period 9 May 2003 to 30 June 2005, was accepted for file in his Officer
Selection Record (OSR) before 6 July 2005.

      It is further directed that his record, to include the MSM/1OLC, be
considered for promotion to the grade of lieutenant colonel by Special
Selection Board for the Calendar Year 2005A Lieutenant Colonel Central
Selection Board and any subsequent boards for which the above award was not
a matter of record.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency