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AF | BCMR | CY2006 | BC-2006-00363
Original file (BC-2006-00363.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00363
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  8 AUG 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM), for  the  period  6 Aug 02
through 30 Nov 04, be upgraded to  the  Meritorious  Service  Medal
(MSM).

___________________________________________________________________

APPLICANT CONTENDS THAT:

After 28 months  of  service  and  three  “fire-wall  5s”  enlisted
performance   reports   (EPRs),   all   containing   senior   rater
endorsement, he was denied consideration for award of the MSM.  The
reason he was denied the MSM (as explained to him by his  immediate
supervisor) was due to a staff policy that required  all  personnel
to be assigned for  three  or  more  years  before  they  could  be
considered  for  the  MSM.   This  was  never  explained   to   him
previously,  including  during  two  feedback  sessions  with   his
supervisor.

At the end of Jan 05, after he had left for his new assignment,  he
found out that a colleague of his, a fellow  master  sergeant,  who
also had a permanent change of station (PCS) after  being  assigned
to the staff only 19 months, had been presented with an MSM.   This
completely contradicted what he was told just two months prior.

He believes that established Air Force procedures were not followed
in his case.

In support of his appeal, applicant submitted a personal statement;
a copy of Special Order GO-66, dated 30 Nov 04, citation,  and  the
RDP for award of the AFCM; copies of his EPRs  closing,  22 Feb 03,
04, and 30 Nov 04, and email correspondence.

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

___________________________________________________________________



STATEMENT OF FACTS:

Based on available records, applicant entered the Regular Air Force
on 19 Jul 85.  He is serving in the grade of master  sergeant  with
an effective date and date of rank of 1 Mar 02.  His Duty Title  is
Superintendent, Security Force.

Applicant’s decorations consist of the Defense Meritorious  Service
Medal, Meritorious Service Medal, with One Oak Leaf Cluster (1OLC),
Joint Service Commendation Medal, w/1OLC,  Air  Force  Commendation
Medal, w/3OLC and the Air Force Achievement Medal.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial.
Applicant  has  exhausted  his  administrative  channels,  he   was
informed that a recommendation had  been  submitted  into  official
channels (signed by the recommending official and endorsed  by  the
next higher official in his chain of command), and  that  the  AFCM
was the decoration  he  received  and  the  approval  authority  is
standing by his decision.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 3 Mar 06 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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  warranting  an
upgrade  of  the  Air  Force  Commendation  Medal  (AFCM)  to   the
Meritorious Service Medal (MSM).  We took note of  the  applicant’s
complete submission  in  judging  the  merits  of  the  case.   The
applicant believes that established Air Force procedures  were  not
followed in the processing of the AFCM.  However,  other  than  his
own assertions, no evidence has been presented  to  show  that  the
recommendation and processing of the AFCM  was  not  in  accordance
with the applicable Air  Force  Instruction.  The  appropriate  Air
Force office has addressed the issue presented by the applicant and
we  are  in  agreement  with  its   opinion   and   recommendation.
Therefore, we adopt the rationale expressed as the  basis  for  our
decision that the applicant has failed to  sustain  his  burden  of
having suffered either an error or injustice.  In  the  absence  of
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-00363 in Executive Session  on  6  April  2006,  under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Mr. James L. Sommer, Member
      Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Feb 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 Feb 06.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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