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AF | BCMR | CY2006 | BC-2005-03380
Original file (BC-2005-03380.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-03380
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 May 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

His record, to  include  the  Meritorious  Service  Medal,  First  Oak  Leaf
Cluster (MSM, 1 OLC), be considered by a Special Selection Board  (SSB)  for
the Calendar Year 2005A (CY05A) Lieutenant Colonel Central Selection Board.

________________________________________________________________

APPLICANT CONTENDS THAT:

His Officer Selection Brief (OSB) as it met the CY05A board listed only  one
MSM; however, a second MSM was pending for service ending  4  January  2005.
Due to an administrative error  or  oversight,  the  MSM,  1  OLC,  was  not
approved until 12 October 2005.  As a result of this error, his records,  as
they met a highly competitive promotion board, did  not  show  that  he  had
received a decoration for his last Permanent Change of Station (PCS),  which
may have caused his nonselections.

In support of the appeal, applicant submits a copy  of  the  special  orders
and citation to accompany award of the MSM, 1 OLC, and a statement from  his
former commander.  Applicant’s former commander  states  that  he  submitted
the applicant for the decoration with the intention that it would be in  his
records for the  CY05A  board  convening  in  July  2005;  however,  he  was
reassigned in March 2005 and  lost  oversight  on  the  decoration  approval
process.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.  On  25
February 2005, a Recommendation for Decoration Printout (RDP)  was  prepared
on the applicant.  He was considered and not selected for promotion  by  the
CY05A Lt Col Board that convened on 6 July 2005.  On  12  October  2005,  he
was awarded the MSM, 1  OLC,  for  meritorious  service  during  the  period
27 September 2002 to 4 January 2005.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends the application be denied and states,  in  part,  that
the absence of the decoration is not an error since it was not  required  to
be in his OSR prior to the convening of the CY05A board, and  was  processed
within the guidelines of AFI 36-2803.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In accordance with the governing Air  Force  Instruction  (AFI),  decoration
recommendations are to be submitted as soon as possible following  the  act,
achievement, or service.  The two to three year-mark is  intended  to  be  a
worse case scenario.  Obviously, the over 10 months it took to  approve  his
decoration was excessive.  The special orders awarding  him  the  decoration
lists four other individuals whose  end  of  service  to  the  date  of  the
special orders range from two to four months.  Even if  his  decoration  had
taken a full six months to approve, it would  have  been  in  time  for  the
promotion board.  By Air Force custom, most officers  receive  a  decoration
upon completion of a PCS and those who do not  receive  one,  stand  out  by
exception as presumably not having performed as well as  their  peers.   For
his promotion board, only 13%  of  the  majors  in  his  career  field,  who
completed Air  Command  and  Staff  College  (ACSC)  by  non-residence,  and
received a “promote” recommendation,  were  selected.   Even  the  slightest
negative indicator perceived by a single board member  could  have  kept  me
out of the top 13%.

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.  Applicant’s former commander  states  that
he submitted the applicant for the MSM, 1 OLC, in  January  2005,  with  the
intention that it would be approved prior to the CY05A  Board;  however,  he
was reassigned  in  March  2005,  and  lost  oversight  on  the  decoration.
Although the decoration was processed within  established  time  restraints,
we believe the delay in its approval was  excessive.   While  it  cannot  be
conclusively determined whether or not the absence  of  the  decoration  was
the sole reason for his promotion nonselection by the  CY05A  Board,  we  do
believe that it served to deprive him of fair and  equitable  consideration.
Therefore, we recommend 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  the  Meritorious  Service  Medal,
First Oak Leaf Cluster (MSM, 1 OLC), awarded for  the  period  27  September
2002 to 4 January 2005, was  approved  on  1  March  2005,  rather  than  12
October 2005.

It is further recommended that his record, to include the  MSM,  1  OLC,  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.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
03380 in Executive Session on 24 January 2006, under the provisions  of  AFI
36-2603:

            Ms. Marilyn M. Thomas, Vice Chair
            Mr. Vance E. Lineberger, Member
            Mr. Jay H. Jordan, Member

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

     Exhibit A.  DD Form 149, dated 2 Nov 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPO, dated 12 Dec 05.
     Exhibit D.  Letter, SAF/MRBR, dated 16 Dec 05.
     Exhibit E.  Letter, Applicant, dated 1 Jan 06, w/atchs.




                                   MARILYN M. THOMAS
                                   Vice Chair



AFBCMR BC-2005-03380




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 XXXXXXX, XXXXXXX, be corrected to show that the Meritorious
Service Medal, First Oak Leaf Cluster (MSM, 1 OLC), awarded for the period
27 September 2002 to 4 January 2005, was approved on 1 March 2005, rather
than 12 October 2005.

      It is further directed that his record, to include the MSM, 1 OLC, 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

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