RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-02764
                             INDEX CODE:  111.01
XXXXXXX                      COUNSEL:  NONE
                                 HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Air Force Commendation Medal, (AFCM) first oak leaf  cluster  (1OLC)
be upgraded to a Meritorious Service Medal (MSM).

2.  The award date be changed to  coincide  with  his  permanent  change  of
station (PCS) date of June 2000 versus December 2006.

3.  He be considered by a Special Selection Board  (SSB)  for  promotion  to
lieutenant colonel by the Fiscal  Year  2006C,  (FY06C)  Lieutenant  Colonel
Central Selection Board.

________________________________________________________________

APPLICANT CONTENDS THAT:

The AFCM was issued one week after the promotion board and was not  included
in his records.  His counselor indicated  this  was  more  than  likely  the
reason for his nonselection. His previous  unit  commander  wrote  a  letter
stating an MSM was submitted.  When he noticed it was missing  in  2007,  he
tried extensively to get it corrected.   His  wing  commander  supports  the
award of the AFCM but not the MSM.

In support of his request, the applicant provided a letter from  his  former
commander, a copy of  the  approved  AFCM,  his  MSM  nomination  and  email
communiqués.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular Air  Force
on 3 April 1992 and  was  progressively  promoted  to  the  grade  of  major
effective and with a date of rank of 1 October 2002.

The applicant has one nonselection to the grade  of  lieutenant  colonel  by
the FY06C selection board.

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSIDR  recommends  denial.  DPSIDR  states  the  applicant's  previous
commander indicated he  nominated  the  applicant  for  award  of  the  MSM;
however, no record of the MSM recommendation was  located.   The  decoration
package was lost and resubmitted through the approval authority who  awarded
the AFCM 1OLC for meritorious service from 3 October 1997 to  7  June  2000.
The citation was signed by  the  approval  authority  on  6  December  2006.
Based on the  approval  authority's  decision  to  award  the  AFCM,  DPSIDR
recommends denial of his request for upgrade to the MSM.

The complete DPSIDR evaluation is at Exhibit C.

AFPC/DPSOO recommends denial. DPSOO states their evaluation of  the  request
to upgrade his award requires them to rely  on  the  opinion  of  other  Air
Force experts.  As such, DPSOO reviewed the advisory provided by DPSIDR  and
based on their findings, recommend his request for  SSB  consideration  with
an approved MSM included in his selection record  be  denied.  In  addition,
since the order for the AFCM was published on 8 December 2006, the  citation
could not have been filed in his  selection  record  nor  reflected  in  the
official personnel data systems when the  board  convened.   DPSOO  believes
the applicant did exercise due diligence in trying  to  get  his  decoration
approved prior to the convening of the board.  Therefore,  DPSOO  recommends
the special order dated (8 December 2006), the  given  under  my  hand  date
(6 December 2006) and file date in the citation be adjusted to a date  prior
to the P0506C board, and that  the  decoration  be  updated  on  his  P0506C
Officer Selection Brief (OSB).

The complete DPSOO evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force  evaluations  were  forwarded  to  applicant  on  26
October 2007 for review and response.  As of  this  date,  no  response  has
been received by this office (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice  warranting  partial  correction.   In  this
respect, as noted  by  AFPC/DPSOO,  it  appears  the  applicant  made  every
reasonable effort to ensure the contested decoration was completed and  made
available for consideration by selection board members  prior  to  convening
of the board.  But due to circumstances beyond his control,  he  was  unable
to do so.  Therefore, we agree with their recommendation  that  his  records
should be corrected to show that the  AFCM  (1OLC)  was  accepted  for  file
prior to the convening of the board and that he receive  SSB  consideration.
However, we are not persuaded by his contentions that the  decision  of  the
approval official to award him the AFCM rather than the MSM was improper  or
unjust.  In cases  of  this  nature,  we  are  not  inclined  to  usurp  the
judgments of commanding officers absent clear evidence of an error or  abuse
of discretional authority.  We have no such showing here. Therefore, in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend upgrading his AFCM to an MSM and recommend  that  his  records  be
corrected only 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:

      a.  The citation for award of the Air Force Commendation Medal,  First
Oak Leaf Cluster, awarded for the period of 3 October 1997 to 7  June  2000,
was signed by the approval  authority  on  26  November  2006,  rather  than
6 December 2006.

      b.  Special order GA-054 dated 8  December  2006,  was  issued  on  26
November 2006, rather than 8 December 2006.

      c.  The Air Force Commendation Medal,  First  Oak  Leaf  Cluster,  was
accepted for file in his Officer Selection Record on 27 November 2006.

It is further recommended  that  the  corrected  record  be  considered  for
promotion to the grade of lieutenant colonel by a  Special  Selection  Board
for the Calendar Year 2006C (P0506C) Lieutenant  Colonel  Central  Selection
Board.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
02764 in Executive Session on 3 January 2008 under the provisions of AFI 36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Teri G. Spoutz, Member





All members voted to correct the  records,  as  recommended.  The  following
documentary evidence pertaining to AFBCMR Docket  Number  BC-2007-02764  was
considered:

    Exhibit A.  DD Form 149, dated 27 August 2007, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 25 September 2007.
    Exhibit C.  Letter, AFPC/DPSOO, dated 17 October 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 26 October 2007.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



Office of the Assistant Secretary

[pic]
AFBCMR 2007-02764




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:

            a.  The citation for award of the Air Force Commendation Medal,
First Oak Leaf Cluster, awarded for the period of 3 October 1997 to 7 June
2000, was signed by the approval authority on 26 November 2006, rather than
6 December 2006.

            b.  Special order GA-054 dated 8 December 2006, was issued on
26 November 2006, rather than 8 December 2006.

            c.  The Air Force Commendation Medal, First Oak Leaf Cluster,
was accepted for file in his Officer Selection Record on 27 November 2006.

      It is further directed that the corrected record be considered for
promotion to the grade of lieutenant colonel by a Special Selection Board
for the Calendar Year 2006C (P0506C) Lieutenant Colonel Central Selection
Board.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency