RECORD OF PROCEEDINGS

            AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS




   IN THE MATTER OF:   DOCKET NUMBER:  BC-2008-04014
      INDEX CODE:  131.01, 107.00
      COUNSEL:  NONE


      HEARING DESIRED:  NO


   _________________________________________________________________


   APPLICANT REQUESTS THAT:


   1.  The date of approval (Given Under My Hand) of  her  Meritorious
   Service Medal (MSM), Second Oak Leaf Cluster  (2OLC)  be  corrected
   to reflect 10 Apr 08, rather than 24 Sep 08.


   2.  She be given Special Selection Board  (SSB)  consideration  for
   promotion to the grade of  colonel  for  the  Calendar  Year  2008A
   (CY08A) Colonel Central Selection Board (CSB).


   _________________________________________________________________


   APPLICANT CONTENDS THAT:


   Had the corrections to the MSM, 2OLC been made in a  timely  manner
   to the next level of approval, it would have been included  on  her
   officer selection brief (OSB).  This award action was  critical  to
   show  the  promotion  board  that  she  departed  her   unit   with
   recognition for outstanding performance, versus having  a  void  in
   her promotion record.  The award narrative would have indicated  to
   the promotion board that her performance remained outstanding  even
   though her officer performance report was not stratified.


   In support of  the  request,  applicant  provides  a  copy  of  the
   original MSM, 2OLC Narrative Citation, a copy of the  amended  MSM,
   2OLC Narrative Citation, a copy of her FY08A OSB,  and  a  Sequence
   of Events Outline.


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


   _________________________________________________________________


   STATEMENT OF FACTS:


   The applicant currently serves  on  extended  active  duty  in  the
   grade of lieutenant colonel.


   On 12 May 08, she was considered and nonselected for  promotion  to
   colonel by the CY08A Colonel CSB.


   _________________________________________________________________



   AIR FORCE EVALUATION:


   AFPC/DPPPR recommends denial.  DPPPR  states,  in  part,  that  the
   approval date for the MSM, 2OLC is 24 Sep 08,  almost  five  months
   after the close-out date  of  the  decoration.   Although  approved
   almost five  months  after  the  inclusive  period,  there  was  no
   impropriety in the processing of the decoration.


   The complete DPSIDEP evaluation is at Exhibit C.


   AFPC/DPSOO recommends denial.  DPSOO states that based  on  current
   policy and the advisory  provided  by  AFPC/DPPPR,  they  recommend
   denial.


   According  to  DPSOO,  the  original  MSM,  2OLC  was  approved  on
   10 Apr 08.  The amended decoration  was  approved  on  24  Sep  08,
   after the 12 May 08 convening board date, and cannot  be  filed  in
   her Officer Selection Record (OSR) for  the  CY08A  CSB.   AFI  36-
   2803, figure 3.2, note 4, states citations and special orders  must
   be forwarded within 30 days of the date of the special order.


   The special order date, which authorizes  the  decoration,  is  the
   same as the “Given Under My  Hand”  date.   As  such,  the  amended
   citation that  is  dated  24  Sep  08,  was  processed  within  the
   guidelines of the governing directive and was not  due  for  filing
   in her OSR until 24 Oct 08.


   The DPSOO evaluation is at Exhibit D.


   _________________________________________________________________


   APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


   The missing MSM, 2OLC  denied  the  promotion  board  access  to  a
   complete or whole record and put her at a  disadvantage.   The  end
   date of the award was incorrect and  resulted  in  the  system  not
   processing the award in a timely manner.  The decision  to  correct
   the end date of the MSM, 2OLC resulted in a  new  signed  under  my
   hand date of 24 Sep 08.


   The original award was signed on 10 Apr 08.  No effort was made  to
   process the award in a timely manner.   The  award  was  not  input
   into the Military Personnel Data System (MILPDS)  until  after  she
   personally obtained the award and provided a copy  to  the  correct
   office at the Pentagon.


   Although AF/DPSOO claims the special order was not due to be  filed
   until 24 Oct 08, the order was actually filed on 2 Dec 08.


   While the date issue is significant  in  so  far  as  a  triggering
   mechanism for the automated personnel system, very  few  people  in
   this whole chain of events understood the  critical  importance  of
   having the MSM, 2OLC on file for the promotion  board.   By  having
   the MSM in her promotion record, the  promotion  board  would  have
   seen that although she did not receive a  definitely  promote,  the
   MSM, 2OLC would have projected that she  continued  to  demonstrate
   outstanding performance.


   Without the MSM, 2OLC in the folder, one could draw the  conclusion
   that her performance had slipped.  When  the  promotion  board  got
   down to the tough decision making on which records  to  select  for
   promotion around the cut-off point,  her  record  did  not  receive
   equal consideration because an important record of her  performance
   was missing, and that this sudden change in performance  indicators
   created a negative impression.  Her record was not whole  and  even
   AFPC/DPSOO recognized that in their reply on 22 Jan 09.


   The  applicant’s  complete  response,  with   attachment,   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 in regards to  the  applicant’s
   request the given Under My Hand date of her MSM, 2OLC be  corrected
   and  she  be  given  SSB  consideration.   The  Board   notes   the
   applicant’s original MSM, 2OLC was approved on 10 Apr 08,  and  due
   to an administrative error was returned  for  correction.   In  the
   Boards opinion, the applicant’s chain of command intended  for  the
   applicant  to  be  recognized  for   her   contributions   to   the
   organization by placing the MSM, 2OLC in her records prior  to  the
   board convening date, and had it not  been  for  an  administrative
   error the MSM, 2OLC would have been a matter of record and included
   in her promotion records prior to the board convening date.   While
   it cannot be conclusively determined whether or not  the  exclusion
   of the MSM, 2OLC or the lack of a recent end-of-tour decoration was
   the sole reason for the applicant’s nonselection for  promotion  by
   the Board in question, we do believe that it served to deprive  her
   of fair and equitable consideration.  In view of the above  and  in
   order to resolve any  injustice  in  favor  of  the  applicant,  we
   recommend that her records be corrected  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 she was awarded  the
   Meritorious Service Medal (MSM), Second Oak Leaf Cluster (2OLC), for
   meritorious service during the period 4 Mar 06 to 29 Mar 08,  on  10
   Apr 08, rather than 24 Sep 08.


   It is further directed that her record, to include the MSM, 2OLC, be
   considered for promotion to  the  grade  of  colonel  by  a  Special
   Selection Board for the Calendar Year 2008A (CY08A) Colonel  Central
   Selection Board, and for any subsequent boards for  which  the  MSM,
   2OLC, was not a matter of record.


   _________________________________________________________________


   The following members of the Board considered Docket Number BC-2008-
   04014 in Executive Session on 19 May 09, under the provisions of AFI
   36-2603:


                  Mr. Joseph D. Yount, Panel Chair
                  Mr. Michael V. Barbino, Member

      Mr. Oliver Fritz, Member



   The Board voted to correct the record,  as  recommended.   Mr. Yount
   recused himself.  The following documentary evidence was considered:


       Exhibit A.  DD Form 149, dated 3 Nov 08, w/atchs.
       Exhibit B.  Applicant's Master Personnel Records.
       Exhibit C.  Letter, AFPC/DPPPR, dated 19 Dec 08.
       Exhibit D.  Letter, AFPC/DPSOO, dated 22 Jan 09, w/atch.
       Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 09.
       Exhibit F.  Letter, Applicant, dated 27 Feb 09, w/atchs.








                                      JOSEPH D. YOUNT
                                      Panel Chair