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AF | BCMR | CY2007 | BC-2007-03062
Original file (BC-2007-03062.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-03062
            INDEX CODE:  136.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 JANUARY 2009

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Special Selection Board (SSB) consideration by the Calendar  Year
2007A (CY07A) Reduction in Force (RIF) Board with  inclusion  of  his  Joint
Service Commendation Medal (JSCM) for the period November 2003 thru  October
2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His JSCM was missing from his Officer Selection  Record  (OSR)  and  Officer
Selection Brief (OSB) when it met the RIF board.

The close out date for the award was October 2006, but  the  award  was  not
finalized until 1 May 2007, while he was deployed.

In  support  of  his  request,  applicant  provided  copies  of   the   JSMC
Certificate, Citation, and Order, and a copy of his "as  it  met"  selection
record.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade  of  captain.
His Total Active Federal Military Service Date (TAFMSD) is 13  August  1996.
He was considered and not selected for retention by the CY07A  (L0307A)  RIF
Board which  convened  on  11 June  2007.   The  applicant  has  a  date  of
separation (DOS) of 29 January 2008.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOO  recommends  denial.   DPSOO  states  that  in  accordance   with
published guidance, the  decoration  award  authority  announces  its  final
decision when approving an award by publishing orders.  These  orders  serve
as the  source  document  for  updating  the  decorations  in  the  Military
Personnel Data System (MilPDS) which subsequently are reflected on the  OSB.
 Since the special order for the JSCM was published on  13  July  2007,  the
citation could not be filed in his OSR  and  updated  on  his  OSB  for  the
L0307A board.  Additionally,  in  accordance  with  AFI  36-2803,  paragraph
3.1., decoration recommendations are entered into official  channels  within
2 years and awarded within 3 years  of  the  act,  achievement,  or  service
performed.   Although  there  was  some  delay  in  the  processing  of  the
decoration, there is no compelling reason to include  a  decoration  in  the
applicant’s OSR that was not a matter of record prior to  convening  of  the
board.

The DPSOO complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant is concerned that not including the JSCM had an adverse impact  on
the review of his records for the RIF board.

The close-out date for the  decoration  was  October  2006,  but  due  to  a
paperwork failure within DIA the decoration was not finalized  until  1  May
2007, and the orders for the decoration were not  published  until  13  July
2007.  With this timeline, the award  was  not  included  in  the  "as  met"
record.

At the time his record met the board, he was deployed.  Prior to  deployment
he had engaged with AFPC and DIA to determine the status of  his  decoration
and was assured that it would be included in his record  prior  to  the  RIF
board.  He believes that by  not  having  this  decoration  had  a  negative
impact on the scoring of his record.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has 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;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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-
03062 in Executive Session on 8 November 2007, under the provisions  of  AFI
36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Reginald P. Howard, Member
      Ms. Teri G. Spoutz, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
03062 was considered:

    Exhibit A.  DD Form 149, dated 21 Sep 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPSOO, dated 11 Oct 07.
    Exhibit C.  Letter, SAF/MRBR, dated 12 Oct 07.
    Exhibit D.  E-mail Communiqué, dated 5 Nov 07.




                                             LAURENCE M. GRONER
                                             Panel Chair

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