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AF | BCMR | CY2007 | BC-2006-03303
Original file (BC-2006-03303.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03303
            INDEX CODE:  131.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  29 APR 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Commendation Medal  (AFCM)  Third  Oak  Leaf  Cluster
(3OLC) covering the period 16 Mar 00 – 1 Aug 05  be  considered  in
the promotion process for the 06E7 testing cycle to master sergeant
(MSgt).

___________________________________________________________________

APPLICANT CONTENDS THAT:

If his decoration had  been  processed  by  the  suspense  date  of
2 Oct 05 and had not been lost, he would have met the cut-off score
for the promotion to the grade of MSgt for the E7/05 cycle.

In support of his appeal, applicant submitted a personal statement;
a copy of  his  citation  for  award  of  the  AFCM  3OLC,  closing
1 Aug 05, and letters of explanation from his rating chain  (senior
enlisted manager and commander).

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant is a technical sergeant with an effective date  and  date
of rank (DOR) of 1 Dec 00.  He is serving as  the  Non-Commissioned
Officer in Charge (NCOIC), Plans and Programs.

Applicant’s total weighted  promotion  score  for  cycle  06E7  was
327.04 and the score required for  selection  in  his  Control  Air
Force Specialty Code (CAFSC) was 327.05.  Promotion selections  for
this cycle were made on 6 Jun 06 with  a  public  release  date  of
15 Jun 06.

He was awarded the Air Force Commendation Medal, 3OLC on 10 Oct  06
and orders (Special Order GZ-21) were issued on 13 Oct 06.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB reviewed this application  and  recommended  denial,
stating,  in  part,  the  policies  regarding  the  approval  of  a
decoration and the credit of a decoration  for  promotion  purposes
are two separate and distinct policies.

Current Air Force promotion policy (AFI 36-2502,  Airman  Promotion
Program, Table  2.2,  Rule  5,  Note  2)  dictates  that  before  a
decoration is credited for a specific promotion cycle, the closeout
date  of  the  decoration  must  be  on  or  before  the  Promotion
Eligibility Cutoff Date  (PECD),  and  the  date  of  the  Decor-6,
Request for Decoration Printout (RDP), must be before the  date  of
selections for the cycle in question.  Each promotion cycle has  an
established  PECD  which  is  used  to  determine  what  Air  Force
Specialty Code (AFSC) or Chief  Enlisted  Manager  (CEM)  Code  for
which the member will be considered, as well as  which  performance
reports and decorations will be used in the promotion consideration
process.  The PECD for the cycle in question was  31  Dec  05.   In
addition, a decoration that a member claims was  lost,  downgraded,
etc., must be fully documented and verified that it was placed into
official channels prior to the selection date.

The applicant provides no documentation (such as e-mail traffic) to
prove that he aggressively pursued the  status  of  his  decoration
from the time it was initiated on 16 Sep 05 until  it  was  awarded
over a year later on 10  Oct  06.   The  two  letters  he  provides
supporting his contention that the package was lost in the  routing
system do not elaborate on how the package was lost and  not  found
for over a year.   IAW  AFI  36-2803,  The  Air  Force  Awards  and
Decorations Program, para 3.1, a decoration is considered  to  have
been  placed   into   official   channels   when   the   decoration
recommendation is signed by the initiating official and indorsed by
a higher official in the chain of command.

There is no  indication  this  package  was  placed  into  official
channels until Oct 06, which was  after  promotions  for  the  06E7
cycle were announced 15 Jun 06 and the applicant  became  aware  he
missed promotion by less than one point.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s commander  provided  an  explanation  of  circumstances
surrounding the administrative delay in processing the  applicant’s
decoration.

In  support  of  his  response,  applicant  provided  a  letter  of
explanation from his commander.

Applicant’s 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 error or injustice.   After  thoroughly  reviewing
the evidence submitted in support of his appeal, it is our  opinion
that credible evidence has been provided to show that the  original
recommendation for the Air Force Commendation Medal was placed into
official channels in sufficient time to be considered in  the  06E7
promotion cycle.  It appears  that  due  to  administrative  errors
beyond  the  applicant’s  control,  the  recommendation  was   lost
somewhere in the administrative process.  In reviewing the  letters
from the squadron enlisted manager and the  commander,  we  believe
that the intent, direction, and desire of the applicant’s chain  of
command was to have the recommendation for the  award  placed  into
proper channels prior to the  Promotion  Eligibility  Cut-Off  Date
(PECD) for the 06E7 promotion cycle.  The commander,  who  was  the
approval/disapproval  authority  for  the  award,   explained   the
circumstances surrounding the administrative delay resulting in the
AFCM being awarded  over  a  year  later.   Given  the  unequivocal
support from the officers involved, and having no basis to question
their integrity, it is our opinion that the  benefit  of  doubt  in
this  matter  should  be  resolved  in  favor  of  the   applicant.
Therefore, we recommend that 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  his  Air  Force
Commendation  Medal,  Third  Oak  Leaf  Cluster  for   the   period
16 March 2000 through  1  August  2005  was  placed  into  official
channels on 2 October 2005.

It  is  further  recommended  that  he  be  provided   supplemental
consideration for promotion to the grade  of  master  sergeant  for
promotion cycle 06E7.

If AFPC discovers any  adverse  factors  during  or  subsequent  to
supplemental  consideration  that  are  separate  and  apart,   and
unrelated to the issues involved in this  application,  that  would
have rendered the applicant ineligible  for  this  promotion,  such
information will be documented and presented to  the  Board  for  a
final determination on  the  individual’s  qualifications  for  the
promotion.

If supplemental promotion consideration results  in  the  selection
for promotion to any higher grade, immediately after such promotion
the records shall be corrected to show that he was promoted to  the
higher grade on the date of rank established  by  the  supplemental
promotion and that he is  entitled  to  all  pay,  allowances,  and
benefits of such grade as of that date.
___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-03303 in Executive Session on 25 January  2007,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Garry G. Sauner, Member
      Mr. James A. Wolffe, Member

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

     Exhibit A.  DD Form 149, dated 16 Oct 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 1 Nov 06.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.
     Exhibit E.  Letter, Applicant’s commander, dated 19 Dec 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair



AFBCMR BC-2006-03303




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  his
Air Force Commendation Medal, Third Oak Leaf Cluster for the period
16 March 2000 through  1  August  2005  was  placed  into  official
channels on 2 October 2005.

He be provided supplemental  consideration  for  promotion  to  the
grade of master sergeant for promotion cycle 06E7.

If AFPC discovers any  adverse  factors  during  or  subsequent  to
supplemental  consideration  that  are  separate  and  apart,   and
unrelated to the issues involved in this  application,  that  would
have rendered the applicant ineligible  for  this  promotion,  such
information will be documented and presented to  the  Board  for  a
final determination on  the  individual’s  qualifications  for  the
promotion.

If supplemental promotion consideration results  in  the  selection
for promotion to any higher grade, immediately after such promotion
the records shall be corrected to show that he was promoted to  the
higher grade on the date of rank established  by  the  supplemental
promotion and that he is  entitled  to  all  pay,  allowances,  and
benefits of such grade as of that date.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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