RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01815
            INDEX CODES:  107.00, 131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the  Meritorious  Service
Medal, Third Oak Leaf Cluster (MSM, 3OLC).

He be provided supplemental consideration for promotion to  the  grade
of chief master sergeant for cycles 05E9 and 06E9, with  inclusion  of
the MSM, 3OLC.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Upon his permanent change of station (PCS), he was not recommended for
an end of tour decoration because of an  unjust  Enlisted  Performance
Report (EPR).  He submitted an application with the  Air  Force  Board
for Correction of Military Records (AFBCMR) requesting the  report  be
voided and removed from his records, which was approved by the  Board.
Subsequently, the 66th Air Base Wing Commander forwarded a  memorandum
to the 100th Air Refueling Commander (100 ARW/CC) requesting  that  he
be awarded an end of tour decoration.  However, the 100th ARW, without
providing any justification, disapproved  the  decoration.   There  is
evidence that suggests  the  100  ARW/CC  ignored  guidance  from  the
Secretary of the Air Force (SAF) and the Board and  continued  to  use
the information in the voided EPR as the justification  to  disapprove
the decoration, which is unjust and wrong.

In support of his appeal, the applicant provides copies of the  AFBCMR
decision, Letter of Evaluation,  decoration  package,  EPRs,  and  MSM
citation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
chief master sergeant.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends the  Board  render  a  decision  based  on  the
documentation provided.  They note the applicant appealed to the Board
requesting that his EPR closing 9 Sep 04 be voided  and  removed  from
his records, which he believes was the basis for  the  denial  of  the
MSM, 3OLC.  On 27 May 07, the Board recommended the EPR be voided  and
removed from  his  records,  and  that  he  be  provided  supplemental
consideration for promotion to the grade of chief master sergeant  for
all appropriate cycles, beginning with cycle 05E9.  The applicant went
back to the approval authority for  consideration  of  the  MSM,  3OLC
based on the removal of the EPR.  On 17 Dec 07,  he  was  informed  by
electronic mail (e-mail) the MSM, 3OLC was disapproved.  The applicant
believed  the  approval  authority  ignored  the  guidance  from   the
Secretary of the Air Force and the Board  and  continued  to  use  the
information in the voided EPR as the justification to  disapprove  the
decoration.

A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.

AFPC/DPSOE indicates that should the Board award  the  decoration,  it
would  not  automatically  entitle  the  applicant   to   supplemental
promotion consideration for cycles 05E9 and  06E9  as  it  was  not  a
matter of record at the time selections were made in Oct  05  and  Nov
06.  However, if  the  Board  grantS  the  request,  it  could  direct
supplemental promotion consideration beginning with cycle 05E9.

A complete copy of the AFPC/DPSOE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  detailed
response indicating that  AFPC/DPSIDR  offered  no  challenge  to  his
request.  In fact, they reemphasized his complaint of  wrong  in  that
the 100 ARW/CC ignored the previous guidance from the SAF  and  AFBCMR
and continued to use the information in the previously voided  EPR  as
the justification to disapprove the decoration.   However,  a  careful
review of the  advisory  opinion  from  AFPC/DPSOE  causes  him  great
concern.  It gives the impression of a “form letter” response  and  is
not indicative of an impartial and honest position based on the  facts
presented.  The advisory also contained errors.

If the Board  decides  in  his  favor  regarding  the  decoration,  he
requests the Board grant him a back-dated direct promotion through the
correction of records process.  Because  of  his  superior  record  of
performance, he believes he would have been promoted to  chief  master
sergeant during the first eligible cycle  had  it  not  been  for  the
unjust EPR and subsequent disapproval of an earned decoration.

Applicant’s complete response, with attachments, is at Exhibit F.

_________________________________________________________________

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 regarding the applicant’s request  for
award of the MSM, 3OLC.  The majority of the Board notes the applicant
successfully appealed an EPR which he believed precluded his award  of
the contested MSM, 3OLC.  He asserts that notwithstanding the  removal
of the report from his  records,  the  decoration  approval  authority
subsequently disapproved awarding him the medal, without providing any
justification for doing  so.   The  applicant  believes  the  approval
authority continued to use information that was in the now voided  EPR
as justification for disapproving the decoration.  After an exhaustive
review of the available evidence,  the  majority  believes  sufficient
doubt has been raised regarding the fairness of the disapproval of the
MSM, 3OLC, which should be resolved in the  favor  of  the  applicant.
Accordingly, the majority recommends that his records be corrected  to
reflect award of the  MSM,  3OLC,  and  he  be  provided  supplemental
consideration for promotion to the grade  of  chief  master  sergeant,
beginning with cycle 05E9.  The applicant’s request for  a  back-dated
promotion to the grade of chief master sergeant was  noted.   However,
no evidence has  been  presented  which  convinces  the  majority  the
applicant  would  be  precluded  from  receiving  fair  and  equitable
consideration through the supplemental promotion process.   Therefore,
the majority believes his records should  only  be  corrected  to  the
extent recommended above.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  awarded  the
Meritorious Service Medal, Third Oak  Leaf  Cluster,  for  meritorious
service during the period 21 Jan 02 to 15 Jan 05.

It  is  further  recommended  that   he   be   provided   supplemental
consideration for promotion to the grade of chief master sergeant  for
all appropriate cycles, beginning with cycle 05E9.

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 the 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 the higher grade, immediately after  such  promotion  the
records shall be corrected to show that she 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-
2008-01815 in Executive Session on 29 Oct 08, under the provisions  of
AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Grover L. Dunn, Member
      Ms. Patricia R. Collins, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended. Mr. Dunn voted to deny  relief  but  did  not  desire  to
submit a minority report.   The  following  documentary  evidence  was
considered:

     Exhibit A.  DD Form 149, dated 8 May 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIDR, dated 17 Jun 08.
     Exhibit D.  Letter, AFPC/DPSOE, dated 23 Jun 08.
     Exhibit E.  Letter, SAF/MRBR, dated 25 Jul 08.
     Exhibit F.  Letter, applicant, dated 18 Aug 08, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair




AFBCMR BC-2008-01815




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 , be corrected to show that he was awarded the
Meritorious Service Medal, Third Oak Leaf Cluster, for meritorious
service during the period 21 January 2002 to 15 January 2005.

      It is further directed that he be provided supplemental
consideration for promotion to the grade of chief master sergeant for
all appropriate cycles, beginning with cycle 05E9.

      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 the 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 the higher grade, immediately after such promotion
the records shall be corrected to show that she 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