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AF | BCMR | CY2007 | BC-2007-00158
Original file (BC-2007-00158.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00158
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  10 July 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Her approved Joint Service Commendation Medal  (JSCM)  be  upgraded  to  the
Defense Meritorious Service Medal (DMSM) for her tour  with  the  Department
of Defense Office of the Inspector General (IG), from May 2004 to May 2006.

________________________________________________________________

APPLICANT CONTENDS THAT:

There is an inequity in her end of tour medal.  The  citation  write-up  was
not in line with the written narration or with the two  Officer  Performance
Reports (OPRs) she received while at the IG office.  The citation  seems  to
have been down graded from a DMSM to a JSCM by her supervisor (the  author),
and her OPRs clearly show she deserves a DMSM.

The narrative should merit a DMSM, yet, due to a personality  conflict,  her
prior supervisor did not  highlight  the  many  powerful  statements/results
that could have been used.

In support of her appeal, she has provided copies of the JSCM Citation,  the
JSCM award, the Narrative Justification for  her  end  of  tour  medal,  OSD
order number 06-155, dated 4 August 2006, and her OPRs  for  the  periods  8
April 2004 through 7 April 2005, and 8 April 2005 through 7 April 2006.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently on active duty serving in  the  grade  of  lieutenant
colonel.  She was awarded the JSCM  by  OSD  special  order  number  06-155,
dated 4 August 2006.

The DMSM is awarded in the name of the Secretary of Defense  to  members  of
the  Armed  Forces  of  the  United  States  who,  after  3 November   1977,
distinguish themselves by non-combat  meritorious  achievement  or  service.
It is specifically intended to recognize exceptionally  meritorious  service
performance, and to honor an individual’s accomplishments over  a  sustained
period.  The DMSM  shall  take  precedence  before  the  Military  Services’
Meritorious  Service  Medal   (MSM).    DoD   1348.33-M,   September   1996,
C3.4.3.3.1, designates the agencies that have been delegated  the  authority
to award the DMSM.

The JSCM is awarded in the name of the Secretary of Defense and  is  awarded
only to members of the Armed Forces  of  the  United  States  who,  after  1
January 1963, distinguish themselves by meritorious achievement or  service.
 The JSCM shall take precedence with, but  before,  the  Military  Services’
Commendation Medals.  DoD 1348.33-M, September 1996, C3.4.4.3.1,  designates
the agencies that have been delegated the authority to award the JSCM.

DoD 1348.33-M, September 1996, C1.4.5.2, states that the Secretaries of  the
Military Departments shall administer the Military  Service  awards  program
for non-Defense decorations or awards in their Department.

The  Air  Force  MSM  is  awarded  for  outstanding  non-combat  meritorious
achievement or service to the United States.  The MSM shall take  precedence
before the Air Force Commendation Medal, and the  level  of  achievement  or
service is less than that required for the Legion of Merit.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR has furnished an information only advisory.

Applicant provided an e-mail stating that the officer who  wrote  the  award
has since retired and she is unable to go back through  the  original  chain
of command and request an upgrade.

The AFBCMR does not have the authority to change  a  Department  of  Defense
approved award.  The board does have the authority to approve an  Air  Force
MSM; however, the JSCM would have to be revoked based on  dual  recognition;
but again, the Air Force would not have the authority to revoke an  approved
JSCM.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  23
February 2007, for review and comment, within 30 days.  However, as of  this
date, no response has been received by this office.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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.   We  took  notice  of  the  applicant's
complete submission in judging  the  merits  of  the  case  and  applicant’s
contentions are duly noted.  However, we do not  find  these  uncorroborated
assertions, in and by themselves, sufficiently persuasive  to  override  the
presumption of regularity  in  the  conduct  of  governmental  affairs  and,
without evidence to the contrary, we must assume that the  decision  of  the
recommending and approval officials within  the  Department  of  Defense  to
award her the JSCM rather than the DMSM was proper.  Since  the  Board  does
not have the authority to change a Department  of  Defense  approved  award,
applicant will have to submit her appeal through the appropriate  Department
of Defense channels to obtain the relief sought in this application.

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 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  Docket  Number  BC-2007-00158
in Executive Session on 3 May 2007, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Maureen B. Higgins, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 9 Feb 07.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Feb 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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