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AF | BCMR | CY2006 | BC-2006-01387
Original file (BC-2006-01387.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01387
                                       INDEX CODE:  131.03
      XXXXXXX                     COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 NOVEMBER 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be considered  by  a  Special  Selection  Board  (SSB)  for  the
Calendar Year (CY)  2002A(P0402A),  CY02B(P0402B)  and  CY03A(P0403A)  Major
Central Selection Boards (CSB).
_________________________________________________________________

APPLICANT CONTENDS THAT:

She was awarded the Airmen’s Medal (AM) on 12 May 2003  for  heroic  actions
she performed on  23  Mar  1994.   The  recommendation  for  her  award  was
submitted in 1994; however, due to political constraints at that  time,  her
award of the AM was delayed.   Efforts  over  the  years  to  readdress  the
situation were unsuccessful until 2003, when the  decoration  was  approved.
Her AM should have been in her PO402A, PO402B, and PO403A Officer  Selection
Records (OSR) for the board’s review.

In support of her application, the  applicant  provides  copies  of  the  AM
Citation, AM Certificate, a news article and a memo  from  her  former  vice
commander.

Her complete submission with attachments is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a Regular Air Force officer currently serving in the  grade
of captain with an effective date and a date of rank of  1  Dec  1995.   Her
Total Active Federal Military Service Date is 14  Nov 1990.


The applicant was considered and nonselected for promotion to the  grade  of
major by the 2002A(P0402A), CY02B(P0402B) and CY03A(P0403A) Major CSBs
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial.   DPPPO  states  they  do  not  support  the
applicant’s contention that the AM should be filed in  her  OSR  for  boards
PO402A, PO402B, and PO403A.  Although the closing date of the decoration  is
23 Mar 1994, the special order awarding her the decoration was published  on
12 May 2003.  In accordance with published guidance,  the  decoration  award
authority  announces  its  final  decision  when  approving  an   award   by
publishing special orders.  Thus,  with  a  12  May  2003  order  date,  the
citation would not have been included in her selection folder nor  would  it
be reflected in the personnel data system at  the  time  the  CSB  convened.
The AM was not a  matter  of  record  when  the  CSB  convened.   The  DPPPO
evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The basis of the request is the medal  was  not  processed  for  nine  years
after the event.  If the medal was processed in a  timely  manner  it  would
have been in the records well  before  the  promotion  boards.  The  delayed
processing of the decoration resulted  in  a  significant  omission  in  her
records, in other words, a material error of  fact.   Applicant  states  the
AFPC/DPPPO evaluation is technically correct.  The decoration did not  exist
prior to the order date; however, it is clear the actions recognized  by  it
occurred, and therefore existed, prior to the order date.   The  absence  of
the decoration in the records at the appropriate time deprives  the  package
of evidence clearly material in nature and warrants referral to an SSB.

Her complete response 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 an error or injustice warranting corrective action.   Applicant
requests SSB consideration for promotion  to  the  grade  of  major  by  the
P0402A, P0402B, and  P0403A  major  selection  boards.   She  contends  that
through no fault of her own  the  processing  and  approval  of  an  AM  for
heroism on 23 Mar 1994 was not completed until 12 May 2003, over nine  years
after the event.  After reviewing the evidence presented, it is our  opinion
approval of the requested relief is warranted.  In  this  respect  based  on
the unreasonable delay it took for approval of the  award  and  taking  into
consideration the fact that supplemental promotion  consideration  has  been
provided to the other members awarded the AM along with  the  applicant,  we
believe she should appropriately receive equitable  relief.   Therefore,  in
order to resolve any injustices she has suffered it is our opinion that  her
records should be corrected as indicated below.

_________________________________________________________________


THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that  as  an  exception  to  policy,  the
Airman’s Medal for exemplary courage and heroism she  displayed  on  23  Mar
1994 was awarded on 2 May 2001, rather than 2 May  2003,  and  the  Airman’s
Medal was accepted for file in her Officer  Selection  Record  (OSR)  on  or
before 18 Feb 2002.

It is further recommended that her record, to include  the  Airman’s  Medal,
be considered for promotion to the  grade  of  major  by  Special  Selection
Board for the Calendar Year 2002A Major  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 this application in  Executive
Session on 26 Jul 2006, under the provisions of AFI 36-2603:

      Mr. Jay H. Jordan, Panel Chair
      Ms. Patricia R. Collins, Member
      Ms. Renee M. Collier, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2006-01387 was considered:

      Exhibit A.  DD Form 149, dated 27 Apr 06, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPP0, dated 23 May 06.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 06.




                                                   JAY H. JORDAN
                                                   Panel Chair



AFBCMR BC-2006-013871




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 as an exception to
policy, the Airman’s Medal for exemplary courage and heroism she displayed
on 23 March 1994 was awarded on 2 May 2001, rather than 2 May 2003, and the
Airman’s Medal was accepted for file in her Officer Selection Record (OSR)
on or before 18 February 2001.

      It is further directed that her record, to include the Airman’s Medal,
be considered for promotion to the grade of colonel by Special Selection
Board for the Calendar Years, 2001, 2002, and 2003 Major Central Selection
Boards 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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