RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02656
                                             INDEX CODE:  100.00
      XXXXXX                                 COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  5 January 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

The Meritorious Service Medal, Fourth Oak Leaf Cluster (MSM,  4  OLC)  be  a
matter of record, when his records  are  considered  for  promotion  to  the
grade of colonel by a Special Selection Board  (SSB)  for  the  Fiscal  Year
2006 (FY06) Colonel Line and Nonline Selection Board.

________________________________________________________________

APPLICANT CONTENDS THAT:

Since the MSM, 4 OLC, was awarded for a period closing two  years  prior  to
the original board, it should have been a matter of  record.   However,  the
decoration was  not  awarded  in  a  timely  manner.   The  absence  of  the
decoration  created  a  presumption  that  his   service   was   less   than
satisfactory and caused the board  members  to  draw  an  adverse  inference
about his service.

In support of the appeal, applicant  submits  copies  of  the  MSM,  4  OLC,
orders and certificate/citation, and emails regarding the decoration.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant was considered and not selected for promotion by the FY06  Colonel
Line and Nonline Selection Board that convened on 17 October 2005.

On 26 January 2006, a  Recommendation  for  Decoration  Printout  (RDP)  was
prepared on the  applicant  for  the  purpose  of  recommending  him  for  a
decoration.

On 13 February 2006, he was awarded the MSM, 4 OLC, for meritorious  service
during the period 1 September 2002 to 14 March 2004.

He voluntarily retired from the Air Force Reserve effective 9 July 2006.

On 20 October 2006, ARPC notified the applicant he  had  been  approved  for
SSB consideration in lieu of the FY06 Col board based on corrections to  his
academic education and assignment history.  He was also advised that a  copy
of his letter to the board president would be placed in his OSF.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial of applicant’s request  to  include  the  MSM,  4
OLC, in his records for the SSB, since it was not effective until after  the
board convened.  Further, his losing  unit  was  not  required  to  award  a
specific decoration, or if  these  chose  to  do  so,  that  it  had  to  be
accomplished within a specified time period.  The absence  of  a  decoration
would not automatically create  a  presumption  of  less  than  satisfactory
service.  In the applicant’s case, based on his OPRs  closing  in  2002  and
2004,  there  is  no  indication  his  service  was   anything   less   than
satisfactory.

The ARPC/DPB evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The board should have had the benefit of his entire  service  record  as  it
should have existed when the board convened in October 2005.  The  governing
AFI states that decoration recommendations should be submitted  as  soon  as
possible following  the  act,  achievement,  or  service,  and  that  timely
presentation is essential.  Contrary to the evaluation,  the  absence  of  a
decoration following a given assignment speaks loudly  about  the  officer’s
service.  To state otherwise is to misapprehend the import of those  awards.
 Had the decoration been timely processed, it would have  been  included  in
his OSB at the FY06 board.  As such, the pending  SSB  should  be  given  an
opportunity to see his entire record as  it  should  have  read  as  of  the
original FY06 board.

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  originally  requested  his
academic education and  assignment  history  be  corrected  on  his  Officer
Selection Brief (OSB) prepared for the Fiscal Year 2006 (FY06) Colonel  Line
and Nonline Selection Board and a copy of his original letter to  the  board
president be included in his Officer Selection Folder (OSF); however,  these
issues have been resolved administratively  and  the  applicant’s  corrected
record will be considered for  promotion  to  the  grade  of  colonel  by  a
Special Selection Board (SSB) for  the  FY06  board.   Therefore,  the  only
issue before this Board is whether or not the MSM, 4  OLC,  awarded  to  the
applicant on 13 February 2006, for meritorious  service  during  the  period
1 September 2002 to 14 March 2004, should be a matter  of  record  when  his
record is considered for promotion by an SSB for the FY06 board.  While  the
MSM, 4 OLC, was processed within the established two-year period  for  doing
so, we believe the applicant is being unfairly punished for the  failure  to
process the decoration in a timelier manner.  In this respect, we note  that
although the decoration covered a period of meritorious service over a  year
and a half prior to  the  FY06  board  convening,  the  decoration  was  not
initiated until almost two years had elapsed since the  act  of  meritorious
service for which it  was  submitted.   Further,  once  the  decoration  was
initiated and an RDP was prepared on the applicant, it was  approved  within
18 days - a mere 30 days before the expiration of the  two-year  period  for
doing so.  We believe it is totally  unjust  for  the  Air  Force  to  delay
awarding  the  decoration  for  almost  two  years   and   then   deny   its
consideration during the SSB process.   In  view  of  this,  and  since  the
applicant’s records are already scheduled to be considered  by  an  SSB  for
the F06 board, we believe any doubt regarding this issue, must  be  resolved
in  the  applicant’s  behalf.   Therefore,  we  recommend  his  records   be
corrected to the extent 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 issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that  on  16 October  2005,  rather  than
13 February 2006, he was awarded the Meritorious Service Medal,  Fourth  Oak
Leaf Cluster (MSM, 4 OLC), for  meritorious  service  during  the  period  1
September 2002 to 14 March 2004.
It is further recommended that his record, to include the  MSM,  4  OLC,  be
considered for promotion to the grade of colonel by Special Selection  Board
for the Fiscal Year 2006 (FY06) Colonel Line  and  Nonline  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-2006-
02656 in Executive Session on 17 January 2007, under the provisions  of  AFI
36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Ms. Karen A. Holloman, Member
            Mr. Wallace F. Beard, Jr., Member

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

     Exhibit A.  DD Form 149, dated 28 Aug 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 2 Nov 06, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 06.
     Exhibit E.  Letter, Applicant, dated 27 Nov 06, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2006-02656




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, be corrected to show that on 16 October 2005, rather
than 13 February 2006, he was awarded the Meritorious Service Medal, Fourth
Oak Leaf Cluster (MSM, 4 OLC), for meritorious service during the period 1
September 2002 to 14 March 2004.

      It is further directed that his record, to include the MSM, 4 OLC, be
considered for promotion to the grade of colonel by Special Selection Board
for the Fiscal Year 2006 Colonel Line and Nonline 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