RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03766
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. The official award date for his Air Medal (AM), awarded for
the period 9 Apr 03 to 13 Nov 09, be changed to 1 Feb 10 rather
than 23 Mar 10.
2. The official award date for the Meritorious Service Medal
(MSM), awarded for the period 1 Jan 06 to 7 Feb 07, be changed to
7 Mar 07 rather than 19 Oct 10, and that Special Orders be issued
for the award.
3. His corrected record, to include a corrected Officer Selection
Brief (OSB), be considered for promotion to Lieutenant Colonel (O-
5) by a Special Selection Board (SSB) for the Calendar Year (CY)
2010A Lieutenant Colonel Central Selection Board (CSB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. His AM was not awarded in a timely manner due to
administrative oversight.
2. His MSM was not timely awarded due to an administrative
oversight and his former reserve unit was unable to upload the
medal into virtual PC-GR and therefore was unable to obtain a
special order number for the citation.
3. Consequently, neither award was considered by the CY10
Lieutenant Colonel CSB and, as a result, he was not selected for
promotion. Had the awards been rendered in a timely fashion, they
would have been highlighted in his selection record and increased
his chances for promotion.
In support of his appeal, the applicant provides copies of
documents extracted from his military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
major (O-4).
The applicant has one nonselection for promotion to the grade of
lieutenant colonel by the CY10A Lieutenant Colonel CSB.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial, indicating there is no evidence of
an error or injustice. The applicant contends it should not have
taken four months to issue his AM. In accordance with AFI 36-
2803, The Air Force Awards and Decorations Programs, decoration
recommendations are entered into official channels within two
years and awarded within three years of the act, achievement, or
service performed. The AM in question and accompanying Special
Order was awarded within three years of the act or achievement.
As for his request related to the MSM, although he contends that
it was not awarded in a timely manner due to administrative error,
and his former reserve unit was unable to correct the error in
vPC-GR, there is no evidence showing that a Special Order was
issued to award the MSM
The complete AFPC/DPSIDR evaluation is at Exhibit C.
AFPC/DPSOO recommends denial of the applicants request for an SSB
based on the AFPC/DPSIDR recommendation and their own evaluation
of the facts and circumstances of this case.
The complete AFPC/DPSOO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Whether an injustice has occurred should not be based only on the
AFI; instead, all of the facts and circumstances should be
considered, and in particular, whether they had a negative effect
on the service members career.
The AM was his highest level award/decoration at the time the
board convened and should have been available for the Boards
review. Additionally, the absence of the MSM made it appear as
though he may have departed his unit under unfavorable
circumstances. The MSM in his records will demonstrate that gap
in his records was the result of administrative error rather than
a professional shortcoming. At a minimum, the executed but un-
awarded citation should have been made available to the board.
The applicants 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice regarding award
of a MSM for the period 1 Jan 06 to 7 Feb 07. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale
as the basis for our conclusion the applicant has not been the
victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application. Notwithstanding the above,
sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice regarding award of the
applicants AM. After a thorough review of the evidence of record
and the applicants complete submission, including his response to
the Air Force evaluations, we believe the applicant has raised
sufficient doubt as to the circumstances surrounding the
submission and approval of his recommendation for award of the AM.
In this respect, we note the effective date of the award of the AM
to the applicant was just days after the contested promotion board
and the apparent delay in processing the AM precluded its
availability for consideration by the promotion board. While it
appears the award was rendered within the three years required by
the governing instruction, we believe the delay in processing the
award may have served to deny the applicant full and fair
consideration for promotion. Therefore, we believe it would be in
the interest of justice to resolve any doubt in this matter in
favor of the applicant. Therefore, we recommend his records be
corrected to the extent indicated below.
5. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that:
a. His Air Medal, awarded for the period 9 April 2003
through 13 November 2009, was signed on 1 February 2010, rather
than 23 March 2010.
b. His Officer Selection Brief (OSB) dated 1 March 2010 be
corrected to reflect he was awarded the Air Medal on 1 February
2010, rather than 23 March 2010.
It is further directed that the corrected record be considered
for promotion to the grade of lieutenant colonel by a Special
Selection Board (SSB) for the Calendar Year 2010A (CY10A)
Lieutenant Colonel Central Selection Board (CSB).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2010-03766 in Executive Session on 6 Oct 11 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2010-03766 was considered:
Exhibit A. DD Forms 149, dated 30 Sep 10 and 29 Dec 10,
w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 26 Apr 11.
Exhibit D. Letter, AFPC/DPSOO, dated 26 May 11.
Exhibit E. Letter, SAF/MRBR, dated 17 Jun 11.
Exhibit F. Letter, Applicant, dated 11 Jul 11.
Panel Chair
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