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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