RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-02448
INDEX CODE: 107.00; 131.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The official award date (29 Dec 08) reflected on his Meritorious Service
Medal (MSM) be backdated and he be granted Special Selection Board
consideration by the Calendar Year 2008C (CY08C) (2 Dec 08) Major Central
Selection Board (CSB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was awarded the MSM for duties performed while deployed to Afghanistan
in support of Operation ENDURING FREEDOM from 15 Jan 08 to 18 Jul 08;
however, due to an administrative oversight, he was not awarded the MSM
until 29 Dec 08.
He was considered but not selected for promotion by the CY08C Major CSB
which met on 2 Dec 08. His records met a highly competitive board without
the MSM and may have caused his non-selection. His former commander
intended for the award to be included in his records before the promotion
board met.
He contacted the Air Forces Central Command (AFCENT) requesting the date be
changed; however, he was informed the “Given Under My Hand Date” could not
be prior to the receiving date of the decoration.
In support of his request, the applicant submits a personal statement,
copies of email communiqués, a letter from his former commander, his AF IMT
77, a Letter of Evaluation, MSM, and a letter from AFCENT.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the grade of captain having assumed
that grade effective and with a date of rank (DOR) of 17 Nov 04. He has
one non-selection to the grade of major.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letters prepared by
the appropriate office of the Air Force at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states a recommendation is placed
into official channels when the recommending official signs the
recommendation (DÉCOR6 and justification) and a higher official in the
chain of command endorses it.
DPSIDR notes the applicant has not provided any official documentation to
verify the date his MSM elements were placed in official channels for
approval nor has any documentation been provided or located that would
support an administrative error or oversight by his unit.
DPSIDR notes the applicant’s request on 3 Sep 09 to AFCENT requesting a
change to the “Given Under My Hand” date and the response from AFCENT which
stated “although the Recommendation for Decoration Printout (RDP) was dated
25 Sep 08, AFCENT did not receive the applicant’s MSM decoration elements
until 25 Dec 08.”
DPSIDR cannot verify an injustice in the processing of the MSM.
The complete DPSIDR evaluation is at Exhibit C.
HQ AFPC/DPSOO recommends denial. DPSOO notes AF Instruction (AFI) 36-2803,
The Air Force Awards and Decorations Program, states all decoration
recommendations must be entered into official channels within two years and
awarded within three years of the act, achievement or service performed.
The applicant returned from his deployment in Jul 08, AFCENT received the
decoration on 25 Dec 08 and the award was approved 29 Dec 08. Therefore,
there was no administrative error or injustice as the decoration was
processed and approved in a timely manner within the standards set by the
AFI.
The complete DPSOO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 31
Dec 09 for review and comment within 30 days. As of this date, this office
has received no response (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was time filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We note the applicant’s belief that the
absence of the MSM from his records may have caused his nonselection to
promotion of major; however, we are not persuaded that the evidence
presented substantiates his claim. Therefore, we agree with the opinions
and recommendations of the Air Force offices of primary responsibility and
adopt their rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice. In the absence of
persuasive evidence to the contrary, we find no 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 this application in Executive
Session on 10 Jun 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-2009-02448:
Exhibit A. DD Form 149, dated 11 Sep 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 5 Nov 09.
Exhibit D. Letter, HQ AFPC/DPSOO, dated 21 Dec 09.
Exhibit E. Letter, SAF/MRBR, dated 31 Dec 10.
Panel Chair
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