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AF | BCMR | CY2008 | BC-2007-02175
Original file (BC-2007-02175.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02175
            INDEX CODE:  107.00
      KENNETH M. EDEKER      COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  14 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Achievement Medal (AFAM) awarded 11  May  06  for  outstanding
achievement be upgraded to a Meritorious Service Medal (MSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

A decoration package  for  the  MSM  was  submitted  in  Jun  2003  for  his
participation in Operation IRAQI FREEDOM (OIF).  The  package  was  lost  at
his command, resubmitted, and lost again.  It was resubmitted  again  during
his last rotation in Oct 04.  He followed up in Apr 05 and learned that  the
package had again been lost.  On 25  May  05,  he  electronically  forwarded
copies to the deployed superintendent, per his request.  On  9  Jun  05,  he
was notified via electronic mail (e-mail) that  the  MSM  package  had  been
resubmitted for the fourth time.  On 24  Aug  05,  he  discovered  that  the
package had been kicked back for corrections because it had passed  the  two
year time limit for submission.  He was told that the  package  contained  a
letter stating that the award of the MSM for his participation  in  OIF  was
not in keeping with the command's  new  policy  as  amended  in  2005.   The
command recommended that  the  package  be  resubmitted  as  an  AFCM.   The
decoration package was resubmitted as an AFCM in Sep 05.  In Jun 06, he  was
awarded an AFAM.

He states had the medal been processed in a timely manner under the  initial
rules for OIF and had it not been mishandled 4 times over  2 1/2  years,  he
would have received the MSM as originally intended  by  his  commander.   He
opines that a lack a of a  clearly  defined  process  and  the  overwhelming
number of decorations being processed culminated in an  injustice.   In  Aug
05, leaders within  his  squadron  stated  that  the  change  in  the  rules
prevented them from pursuing the MSM and the AFCM was the  best  they  could
do.  He does not know why the board downgraded the AFCM to an AFAM.

The medal and justification letter clearly illustrates that his service  had
a substantial impact on Gunship operations in Northern Iraq  which  directly
supported Special Operations Forces  on  the  ground  and  resulted  in  the
capitulation of Iraqi  forces.  His actions were well beyond  the  scope  of
responsibility of those expected of a Technical Sergeant (his  rank  at  the
time).  He also had a decoration package for the Air  Medal  (AM)  that  was
submitted at the same time the MSM was submitted.  It too had been lost  and
resubmitted again during the same time period as the MSM.   He  decided  not
to resubmit the AM a third time and considered it a dead issue.  The AM  was
eventually presented to him, however,  in Feb 07.

In support of the application, the applicant submits copies of his  personal
statement, special order G-1693, his  AFAM  medal,  the  MSM  narrative  and
citation and e-mail transmissions.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving on active duty in the grade  of
senior master sergeant (E-8), effective and with a date of  rank  of  1  Mar
07.  He is assigned duties as a group, operations superintendent.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

USAFCENT Decoration Processing Unit (DPU)  recommends  denial.   DPU  states
the requested award  was  disapproved  because  the  justification  did  not
support the award recommendation and there was  no  compelling  evidence  of
the applicant's  performance  that  was  not  appropriately  dealt  with  by
leadership in his unit.

DPU  states  recommendations  for  Defense  and  Service   decorations   are
evaluated on the merits of the justification submitted.  Where  appropriate,
the deployed chain of command and/or the board may recommend disapproval  or
comment on the propriety of lesser or higher awards if  they  do  not  favor
the  requested  decoration.   However,  Commander,  USAFCENT  is  the  final
awarding authority or recommending official  for  decorations  based  solely
upon  service,  performance,  or  achievements  in  direct  support  of  the
USAFCENT mission to include Operations  SOUTHERN  WATCH,  ENDURING  FREEDOM,
IRAQI  FREEDOM,  and  future  operations  as  determined  by  the  Commander
USCENTAF.

The complete USAFCENT DPU evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14  Mar
08 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit C).

_________________________________________________________________

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.   After   reviewing   the   applicant’s
submission, we do not find the evidence sufficient to warrant  the  approval
of  the  requested  relief.   Therefore,  we  agree  with  the  opinion  and
recommendation of the USAFCENT Decoration  Processing  Unit  and  adopt  its
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or injustice.

_________________________________________________________________

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 this application in  Executive
Session on 29 Apr 08 under the provisions of AFI 36-2603:

      Gregory A. Parker, Panel Chair
      Joseph D. Yount, Member
      James A. Wolffe, Member

The following documentary evidence was considered in AFBCMR BC-2007-02175:

    Exhibit A.  DD Form 149, dated 21 Mar 07, w/atchs.
    Exhibit B.  Letter, USAFCENT DPU, dated 7 Mar 08
    Exhibit C.  Letter, SAF/MRBR, dated 14 Mar 08.




                                   GREGORY A. PARKER
                                   Panel Chair
                       AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

     KENNETH M. EDEKER       BC-2007-02175

TMCD:  14 MAY 2008



ROUTE IN TURN          INITIALS  DATE


1.  CHIEF EXAMINER           ________  ________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR       ________  ________
    (Coordination)


3.  EXAMINER (Dispatch)


4.  MR. GREGORY A. PARKER         ________  ________
    PANEL CHAIR
    (Signature on Proceedings)


5.  AFBCMR (Processing)




                                  KIMBERLY B. ANDERSON
                                  Examiner (DSN: 857-6025)
                                  Air Force Board for Correction
                                  of Military Records
            Datafax:  DSN 857-9207


AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002

Senior Master Sergeant Kenneth M. Edeker
PSC 37 Box 3929
APO AE  09459


Dear Sergeant Edeker

      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2007-02175.

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR




      WILLIAM C. WHITE
      Chief Examiner
      Air Force Board for Correction
      of Military Records





Attachment:
Record of Board Proceeding

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