RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:  		DOCKET NUMBER:  BC-2013-00740

				COUNSEL: NONE

     				HEARING DESIRED: YES

________________________________________________________________

APPLICANT REQUESTS THAT:

1.	His records be corrected to reflect that he was not separated 
from active duty on 30 November 2011, but on that date he was 
continued on active duty and ordered Permanent Change of Station 
(PCS) to his home of selection (HOS) or home of record (HOR) 
pending further orders, without a break-in-service.

2.	He be awarded the Meritorious Service Medal with second Oak 
Leaf Cluster (MSM, 2 OLC) for meritorious service during the 
period from 25 November 2008 to 30 November 2011.

3.	He be retroactively promoted to the grade of lieutenant 
colonel (Lt Col) (O-5), with a date of rank (DOR) of 1 January 
2012.  (Examiner’s Note:  The applicant was selected for 
promotion by a Special Selection Board (SSB) for the Calendar 
Year 2011A (CY11A) Lt Col Central Selection Board (CSB), 
effective and with a DOR of 1 January 2012, which has been 
confirmed by the Senate.  As such, this portion of the 
application has been resolved administratively.)

4.	His assignment history, specific to the 9 June 2008 duty 
status entry, be deleted and sanitized across all Air Force 
personnel system venues, to include the Officer Selection Brief 
(OSB) reviewed by the CY10A Lt Col CSB.  (Examiner’s note:  In 
the applicant’s rebuttal to the Air Force advisory opinions, he 
withdraws this request based on his promotion to Lt Col by an 
SSB.)

5.	The AF Form 77, Letter of Evaluation (LOE), rendered for the 
period 1 February 2008 through 30 September 2008, be removed 
from his record to eliminate the “C” prefix Duty Air Force 
Specialty Code (DAFSC) associated with the original referral 
Officer Performance Report (OPR) that was voided, and replaced 
with the provided AF Form 77 for this period for entry into his 
official records.  (Examiner’s note:  In the applicant’s 
rebuttal to the Air Force advisory opinions, he withdraws this 
request based on his promotion to Lt Col by an SSB.)

6.	The AF Form 77, LOE, rendered for the period 1 February 2008 
through 30 September 2008, be amended to include the duty title 
of “commander.” (Examiner’s note:  In the applicant’s rebuttal 
to the Air Force advisory opinions, he amends his application to 
include this request based on his promotion selection to Lt Col 
by an SSB.)

7.	The draft AF Form 77, LOE, rendered for the period from 
18 January 2011 to a date to be determined, be inserted into his 
official records to document missing evaluation reporting 
periods.  (Examiner’s Note:  In the applicant’s rebuttal to the 
Air Force advisory opinions, he amends this request to reflect 
that his 28 January 2011 Duty Title/DAFSC of “Deputy Director, 
Force Protection/R31P4” – USAFCENT should be reflected on the 
inserted AF Form 77.)

8.	He be authorized to permanently wear the command insignia pin 
to reflect his completion of command. (Examiner’s Note:  In his 
rebuttal to the Air Force advisory opinions, the applicant 
amended his application to include this request.)

9.	The Promotion Recommendation Form (PRF) reviewed by the CY10A 
Lt Col CSB be removed from his record and replaced with the 
corrected “Definitely Promote” (DP) PRF that he has provided.  

10.	His corrected record be considered for promotion to the grade 
of Lt Col by SSBs for the CY09A and CY10A Lt Col CSBs.  
(Examiner’s note:  In the applicant’s rebuttal to the Air Force 
advisory opinions, he agrees with the OPR that there is no need 
for his corrected record to meet an SSB for the CY09A CSB and 
has therefore withdrawn this portion of his request). 

11.	If selected for promotion by the CY10A Lt Col CSB, any future 
non-selections for promotion to the grade of colonel in any 
zone, Below-the-Zone (BTZ) or In-the-Promotion-Zone (IPZ) prior 
to receiving at least three OPRs rendered in the grade of 
Lt Col, be set-aside.  (Examiner’s note: While the applicant 
states any promotion zone, noting BTZ and IPZ, there is also an 
Above-the-Promotion-Zone (APZ).)

12.	Any existing entries depicting his reassignment to duties at 
Buckley Air National Guard Base as a non-participating Reservist 
effective 1 December 2011, added as a result of the original 
involuntary separation be deleted/removed/sanitized from his 
military duty history.

13.	He be awarded restitution, retroactive from his date of 
involuntary separation to the date of his reinstatement, to 
include the following:

a. All back pay and allowances.

b. Time-in-service credit.

c. All earned benefits. 

d. Uninterrupted credit towards retirement.

e. Accrual of ordinary military leave.

14.	He be authorized adequate time to coordinate with the Defense 
Finance and Accounting Service (DFAS), to submit a remission of 
indebtedness package prior to settlement/recoupment of the 
involuntary separation pay he received upon his separation.

15.	If reinstatement is not permissible, or deemed to not be in 
the best interests of the Air Force, he alternatively requests, at 
a minimum, that he be approved for retirement effective 1 August 
2014, under the provisions of the Fiscal Year Temporary Early 
Retirement Authority (TERA) program – Phase II, with a time-in-
grade and/or limited ADSC waiver(s) incorporating his promotion to 
the grade of Lt Col by an SSB, with continuous service from his 
original involuntary separation date.  (Examiner’s note:  In the 
applicant’s rebuttal to the Air Force advisory opinions, he amends 
his application to include this request.)

________________________________________________________________

APPLICANT CONTENDS THAT:

Despite the Evaluation Reports Appeal Board’s (ERAB) decision on 
27 March 2012 to void and remove his 2008 referral OPR, there 
exists inadvertent surviving evidence that negatively propagates 
the original injustice.  This information results in additional 
injustices that may inhibit his return to active duty and/or 
wrongfully influence future promotion board consideration when 
compared to his peers.  He concedes that while it cannot be 
conclusively determined whether or not this information will 
bias future promotion boards, it will serve to deprive him of 
fair and equitable consideration.

As a result of his corrected record of performance, he was 
retroactively selected for promotion by a SSB.  In addition, the 
original senior rater of his PRF prepared for the CY10A Lt Col 
CSB, re-accomplished the PRF with an overall recommendation of 
“Definitely Promote.”

He requests the Board excuse his failure to timely file in the 
interest of justice.  During the period since his separation, he 
has pursued the appropriate available avenues of administrative 
relief before appealing to the Board.

In support of his appeal, the applicant provides a personal 
statement; copies of the results of the SSB for the CY11A Lt Col 
CSB; an endorsed MSM, 2 OLC recommendation package; a proposed 
LOE; the OSB prepared for the CY10A Lt Col CSB; the LOE, closing 
30 Sep 08; a proposed PRF, with supporting documentation; a DD 
Form 214, Certificate of Release or Discharge from Active Duty; 
a DD Form 215, Correction to DD Form 214; and a copy of his ERAB 
package. 

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

________________________________________________________________

STATEMENT OF FACTS:

Upon graduation from the Air Force Academy, the applicant was 
commissioned in the Regular Air Force on 29 May 1996 and entered 
active duty.  He was progressively promoted to the grade of 
major (O-4) effective and with a DOR of 1 May 2008.  

While serving as the commander of the 366th Security Forces 
Squadron, the applicant was relieved of command on 21 August 
2008 for inability to maintain good order and discipline.  As a 
result the applicant received a referral OPR for the period 
13 June 2008 through 30 September 2008.  

On 11 December 2008, the applicant filed a complaint with the 
Ninth Air Force, Inspector General’s (9th AF/IG) office, 
asserting that his command was unfairly terminated and the 366th 
Mission Support Group Commander (366th MSG/CC) fostered a hostile 
environment and threatened and abused the personnel under his 
command.  The 9th AF/CC transferred the complaint to 12th AF/CC as 
it did not fall within their purview since the event happened at 
Mountain Home AFB, which is part of the 12th AF.  The 12th AF/IG 
analysis of the complaint found no violation of policy, 
instruction, or regulation.  The analysis further found the 366th 
MSG/CC acted within his authority in removing the applicant from 
command based on the applicant’s failure to maintain good order 
and discipline and his loss of trust in the applicant’s ability 
to command.  The Air Combat Command Commander (ACC/CC) and 
Inspector General’s Office (ACC/IG) reviewed the 12th AF analysis 
and concurred in the dismissal of the complaint as frivolous, 
with no required reporting to SAF/IGQ, as the analysis did not 
reveal a violation of an articulable standard.

On 24 December 2008, the applicant was advised of the resolution 
of his IG complaint and advised that he could request a higher-
level review of the decision in writing within 90 days and 
provide additional information that was not available at the 
time of his original complaint.

On 28 January 2011, the applicant was assigned as Deputy 
Director Force Protection, DAFSC R31P4, United States Air Force 
Central Command (USAFCENT), Shaw AFB, SC.

On 19 September 2011, the applicant was awarded the MSM, 2 OLC 
for outstanding achievement during the period from 11 September 
2010 to 18 March 2011.

The applicant was considered and not selected for promotion to 
the grade of Lt Col by the CY10A (IPZ) and the CY11A (APZ) Lt 
Col CSBs.  As a result, he met the CY11A Maj Continuation Board 
and was not selected for retention. 

On 30 November 2011, the ERAB considered and approved the 
applicant’s request to void the 30 September 2008 referral OPR 
and directed its removal; that an AF Form 77 be placed in his 
records documenting its removal, and that he be considered for 
promotion by an SSB for the Lt Col CY11A Lt Col CSB.

On 30 November 2011, the applicant was separated, with severance 
pay, based on non-selection for permanent promotion.

On 1 December 2011, the applicant accepted a commission in the 
Air Force Reserve and was assigned to the Non-obligated Non-
participating Ready Personnel Section.

On 1 January 2012, the applicant was considered and selected for 
promotion by an SSB for the Lt Col CY11A Lt Col CSB, with an 
effective date and DOR of 1 January 2012, which has been 
confirmed by the Senate.

On 27 September 2012, the applicant was awarded the Bronze Star 
Medal, with one Oak Leaf Cluster (BSM, 1 OLC) for meritorious 
achievement during the period from 11 September 2010 to 18 March 
2011. (Examiner’s Note:  He was previously awarded the MSM, 2 
OLC for outstanding achievement during the same inclusive period 
as the BSM, 1 OLC.  IAW AFI 36-2803, The Air Force Military 
Awards and Decorations Program, paragraph 1.15.10 approval of 
multiple decorations for the same act, achievement, or period of 
service is considered dual recognition which is prohibited.  
Although no orders revoking the MSM, 2 OLC are contained in the 
Automated Records Management System (ARMS), according to the DD 
Form 215 issued on 6 December 2012 to correct the DD Form 214, 
issued in conjunction with the applicant’s 30 November 2011 
separation, the MSM, 2 OLC was removed and replaced with the 
BSM, 1 OLC.) 

In accordance with paragraph 10.3.24 of AFI 36-2903, Dress and 
Personal Appearance of Air Force Personnel, dated 18 July 2011, 
paragraph 10.3.24, the command insignia pin is authorized for 
all eligible commissioned officers in the rank of colonel (O-6) 
and below, who were commanders of a squadron, group, wing, or 
other organizations identified by AFPC. In addition, they must 
possess and exercise Uniform Code of Military Justice (UCMJ) 
authority (appointed on G-Series orders).  Vice and Deputy 
Commanders are not authorized wear of the insignia. However, 
they may wear the insignia as a graduated commander from 
previously held command positions. Flag Officers and Detachment 
Commanders are not authorized wear of the insignia. Paragraph 
10.3.24.8 states that commanders must serve an entire tenure for 
permanent wear.  (Examiner’s Note:  Although no period of tenure 
is indicated in the current AFI, paragraph 5.10.2.9 of the 
previous AFI 36-2903, dated 2 August 2006, states that 
commanders must serve an entire tenure (usually two years) for 
permanent wear.)

________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPALL recommends denying the applicant’s request to show a 
PCS to his home of record pending further orders; and, to remove 
the “C” prefix for his DAFSC.  DPALL states the applicant was 
assigned and occupied a funded authorized Air Force billet which 
in itself does not reflect an injustice.  In accordance with Air 
Force Instruction (AFI) 36-1110 [sic], paragraph 1.1.2, “If the 
reason for PCS is not for the purpose of an airman filling a 
funded vacant manpower authorization and to perform duty in his 
or her AFSC, and selection of the airman was not based on 
individual qualifications and the PCS eligibility policies and 
procedures prescribed in this instruction, then the PCS is not 
within the authority of this instruction.”  A PCS to home of 
selection or home of record pending further orders is not for 
the purpose of filling a funded vacant manpower authorization.  
If returned to active duty, the applicant will be given an 
assignment to a funded authorized vacancy per the needs of the 
Air Force. (Examiner’s Note:  Although DPALL cites AFI 36-1110, 
as the governing instruction, this is apparently a typo, as the 
governing instruction is AFI 36-2110, Assignments, dated 8 June 
2012.)

DPALL recommends the applicant’s C-prefix and command duty title 
remain.  DPALL indicates the “C” prefix will be affixed to an 
awarded AFSC in which duty as a commander is being performed.  
It will be retained as long as the officer remains qualified as 
a commander.  Officers must hold the “C” prefix a minimum of 12 
months experience in a command position before award.  The 
applicant held the “C” prefix twice before taking the command 
billet at Mountain Home AFB.  Once from 8 October 1997 to 
29 January 1999, while assigned as the Section Commander at 
Ramstein Air Base, Germany, and again from 2 May 2005 to 17 July 
2005, while assigned to Tyndall AFB, Florida.  Combined, the 
total duration exceeds the 12 month minimum.  Therefore, his 
AFSC appropriately reflects the “C” prefix.  

The complete DPALL evaluations, dated 15 May 2013 and 27 March 
2013, are at Exhibits C and D.  

AFPC/DPSID defers to the Air Force Decoration Board on whether 
the applicant’s actions merit award of the MSM, 2 OLC.  DPSID 
states that after a thorough review of the applicant’s official 
military personnel records, they were unable to locate a 
certificate or Special Order verifying his award of the MSM, 2 
OLC.  However, the applicant has provided a recommendation from 
his chain-of-command, dated 19 November 2012, as well as a 
proposed citation for award of the MSM, 2 OLC.  

DPSID recommends denying the applicant’s request to correct or 
amend his DAFSC on his 30 September 2008 Air Force Form 77.  
DPSID states there is insufficient evidence provided by the 
applicant to corroborate the AF Form 77 is unjust or inaccurate.  
Actually, the AF Form 77 is accurate and in accordance with AFI 
36-2406, Officer and Enlisted Evaluation Systems, instructional 
guidance and Air Force policies and procedures.  However, they 
recommend approval of his request to substitute the PRF prepared 
for the CY10A Lt Col CSB, with the re-accomplished “DP” PRF he 
has provided.  Based on the ERAB’s decision to remove the 30 
September 2008 referral OPR, the applicant was subsequently 
selected for promotion to the grade of Lt Col for the CY10A Lt 
Col CSB by an SSB.  He provided a memorandum from his senior 
rater and the Management Level Review (MLR) president, both in 
support of his request to substitute his PRF with the re-
accomplished “DP” PRF.  After a further review of the original 
senior rater’s “DP” allotments for the CY10A Lt Col CSB, it was 
revealed he had seven “DPs” recommendations to award.  Although 
the senior rater exhausted all seven, he affirmed that had the 
contested referral evaluation not been part of the applicant’s 
record of performance, he would have awarded him a “DP.”  The 
re-accomplished PRF ultimately went through the supplemental MLR 
process in accordance with AFI 36-2406, paragraph 8.7, and was 
awarded the “DP” rating.  With that in mind, they would agree 
with the results and recommend approval of his request to 
substitute the original “Promote” PRF, with the re-accomplished 
“DP” PRF.  They defer consideration of any other aspects of the 
applicant’s appeal to the relevant appropriate agencies or 
offices of primary responsibility.  

The complete DPSID evaluations, dated 21 June 2013 and 23 August 
2013, are at Exhibits E and F.  

AFPC/DPSOO recommends the applicant be considered by an SSB for 
the CY10A Lt Col CSB with the “DP” PRF in his OSR.  In addition, 
based on his selection for promotion to the grade of Lt Col by 
the 10 September 2012 SSB, the reason for his release is no 
longer valid; therefore, they recommend he be reinstated to 
active duty as if he never separated.  If reinstated to active 
duty, they concur with the applicant that any IPZ non-selections 
to the grade of colonel, prior to him receiving a minimum of 
three OPRs, with at least 250 days of supervision in the grade 
of Lt Col, be set-aside.  Since BTZ non-selections do not count, 
they do not concur that they should be set-aside.  Since no 
changes were made to the applicant’s record before the CY09A Lt 
Col CSB, there are no grounds for SSB consideration for that 
board.  

The complete DPSOO evaluation, with attachments, is at Exhibit 
G.

________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He concurs with the DPSOO advisory opinion.  However, if 
reinstatement is not permissible, or deemed to be not in the 
best interests of the Air Force, he requests, a 1 August 2014 
retirement under the Fiscal Year Temporary Early Retirement 
Authority (TERA) program, with time-in-grade and/or limited 
Active Duty Service Commitment waivers, incorporating his 
promotion by the SSB and reflecting continuous service from the 
date of his involuntary separation date. 

He non-concurs with the recommendation provided by DPALL in 
their 27 March 2013 memorandum in regard to his request to show 
that he was PCS’d to his Home of Record.  He does not believe 
the reviewing official understood the scope of his original 
request.  The intent behind his request was to identify a 
methodology to administratively document the historical period 
between original involuntary separation (1 December 2011) 
through date of reinstatement.  

In regard to award of the MSM, 2 OLC, he agrees with the DPSID 
recommendation to submit his decoration package to the Air Force 
Decorations Review Board for determination on whether his 
actions during his assignment at USAFCENT merits award of the 
MSM, 2 OLC, which has been favorably endorsed by the 
organizational approval authority.  

As reflected on his duty history information in the virtual 
Military Personnel Flight, his Duty Title/DAFSC on the inserted 
AF Form 77 should accurately incorporate and/or reflect “Deputy 
Director, Force Protection” – USAFCENT.  Further, any existing 
entries depicting reassignment to duties at Buckley Air National 
Guard Base as a non-participating Reservist effective 1 December 
2011, added as a result of the original involuntary separation 
be deleted/removed/sanitized from his military duty history.  

Based on the statements by DPALL, DPSID and DPSOO, retention of 
the “C” prefix and commander duty title is unanimously endorsed 
based on recognition of his meeting the “fully qualified” 
commander prerequisites as outlined by the Air Force 
Classification Directory, Section I-B.  This endorsement is 
despite his curtailed tour of duty as the Security Forces 
Squadron Commander at Mountain Home AFB.  In light of the tour 
of duty being curtailed directly as a causal effect of the 
injustice, he requests approval by the AFBCMR for permanent wear 
of the commander’s [sic] insignia pin to reflect completion of 
command, despite the fact that he did not serve the entire 
tenure (usually two years) for permanent wear, as required by 
paragraph 5.10.2.9 of AFI 36-2903, dated 2 August 2006. 

In addition, he acknowledges the rationale as to why there 
should be no corrected record to meet the CY09B Lt Col CSB and 
supports the advisory recommendations that his record meet an 
SSB for the CY10A Lt Col CSB, with the re-accomplished “DP” PRF 
in his records.  

The applicant’s complete rebuttal is at Exhibit I.  

________________________________________________________________

THE BOARD RECOMMENDS THAT:

1.	The applicant has exhausted all remedies provided by existing 
law or regulations.

2.	The application was timely filed, since the three-year period 
for filing, as required under 10 USC § 1552(b), tolls while a 
member is serving on active duty.  We note the applicant 
separated on 30 November 2011 and his application is dated 
13 February 2013.

3.	Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice to warrant to 
following relief:

	a.	Amending the AF Form 77, closing 30 September 2008, to 
include the duty title “Commander.”

	a.	Reinstatement to active duty with no break-in-service.

	b.	Revoking the MSM, 2 OLC awarded on 19 September 2011, 
for outstanding achievement during the period from 11 September 
2010 to 18 March 2011.

	c.	Correcting his record to show that he was not separated 
from active duty on 30 November 2011, but on that date, he 
continued to serve on active duty and was ordered PCS to his 
home of selection (HOS) or home of record (HOR) pending further 
orders.

	d.	Awarding him the MSM, 2 OLC, for meritorious service 
during the period from 25 November 2008 to 30 November 2011.

	e.	Removing the “promote” PRF prepared for the CY10A Lt Col 
from his record and replacing it with the re-accomplished “DP” 
PRF.

	f.	Providing his corrected record, to include the PRF 
reflecting an overall promotion recommendation of “DP,” 
promotion consideration by an SSB for the CY10A Lt Col CSB.

	g.	Setting aside any future non-selections for promotion to 
the grade of colonel until such time as he has received at least 
three OPRs with at least 250 days of supervision in the grade of 
lieutenant colonel.

4.	After thoroughly reviewing the evidence of records and noting 
the applicant’s contentions, we find that corrective action is 
necessary in order to provide the applicant full and fitting 
relief.  In this respect, we note the ERAB removed a referral 
OPR, closing 30 September 2008, from the applicant’s records and 
provided him promotion consideration by an SSB for the CY11A Lt 
Col CSB.  As a result of this supplemental promotion 
consideration, the applicant was retroactively promoted to the 
grade of Lt Col and awarded a DOR of 1 January 2012, which has 
been confirmed by the Senate.  AFPC/DPSOO indicates that based 
on his promotion to Lt Col, the reason for his release from 
active duty on 30 November 2011 is no longer valid; therefore, 
they recommend he be reinstated to active duty, as if he was 
never separated.  We concur.  We also agree with the favorable 
recommendations of DPSID and DPSOO to replace the original 
“promote” PRF with the re-accomplished “DP” PRF, based on the 
support obtained from the original senior rater and the results 
of the supplemental MLR.  Further, in order to provide the 
applicant an opportunity to build a sufficient competitive 
record for promotion, we recommend any promotion non-selections 
to the grade of colonel be set aside until such time as he has 
had at least three OPRs rendered with at least 250 days 
supervision in the grade of Lt Col.  In addition, we find a 
sufficient basis to amend the AF Form 77, closing 30 September 
2008, to include the duty title “Commander,” since it reflects a 
DAFSC of “C31P3,” denoting that he was a commander at the time.  
In accordance with the governing instruction an AF Form 77 
should include a duty title as of the thru date.  We note the 
OPRs have all endorsed retention of the “C” prefix and commander 
duty title and the applicant concurs with its retention.  We 
recognize the applicant had initially requested that his 9 June 
2008 duty history be removed out of concern that such an entry, 
along with the fact that his tour was curtailed prior to the 
standard two-year time-on-station length would continue the 
negative perception that he was removed from command for cause.  
However, based on his promotion selection by an SSB, he concedes 
the AF Form 77, containing the “C” DAFSC prefix offers an honest 
picture of his whole person concept and future potential.  We 
agree.  Although AFPC/DPSID defers to the Air Force Decoration 
Board (AFDB) on whether the applicant’s actions merit the award 
of an MSM, the only MSM nominations the AFDB considers are those 
of foreign officers.  In support of the applicant’s request for 
the MSM, 2 OLC, for meritorious service during the period from 
25 November 2008 to 30 November 2011, he provides a completed 
recommendation package.  The recommending official states that 
he is intimately familiar with the injustice the applicant 
suffered.  He also states that a conscious decision was made not 
to submit a decoration upon the applicant’s separation to avoid 
further compounding his appeal efforts with the AFBCMR by 
requiring further correction.  The delegated approval authority 
for MSMs for USAFCENT permanent party members has endorsed the 
recommendation package, indicating that he has reviewed the 
matter and concurs with awarding the MSM.  In view of this 
evidence, we find a sufficient basis to support awarding the 
MSM, 2 OLC.  In addition, while DPSID states they were unable to 
locate a certificate verifying the applicant’s award of the MSM, 
2 OLC, the documentation submitted in support of his application 
and his ARMS record both contain a copy of the MSM, 2 OLC, 
awarded for outstanding achievement during the period from 
11 September 2010 to 18 March 2011.  However, his ARMS record 
indicates that he was subsequently awarded the BSM, 1 OLC, for 
meritorious achievement during the same period.  In accordance 
with AFI 36-2803, paragraph 1.15.10, approval of multiple 
decorations for the same act, achievement, or period of service 
is considered dual-recognition which is prohibited.  No orders 
revoking the MSM, 2 OLC for outstanding achievement are 
contained in the applicant’s record.  Nonetheless, according to 
the DD Form 215 issued on 6 December 2012 to correct the DD Form 
214, issued in conjunction with his 30 November 2011 separation, 
the MSM, 2 OLC was removed and replaced with the BSM, 1 OLC.  We 
recognize that once he is reinstated to active duty the DD Forms 
214 and 215 will be declared void and no longer matters of 
record.  In view of this and absent any revocation order, there 
will be nothing in his records invalidating the MSM, 2 OLC 
awarded for outstanding achievement.  Therefore, in the interest 
of expeditiously correcting his record prior to his promotion 
consideration by an SSB and in order to officially memorialize 
the revocation of this decoration, we recommend action be taken 
to revoke this award.  Therefore, based on the foregoing, we 
recommend his records be corrected to the extent indicated 
below.

5.	A number of the applicant’s requests have already been 
administratively corrected or will be a consequence of our 
recommended corrective action.  As indicated above, the 
applicant has already been promoted to the grade of Lt Col, with 
a DOR of 1 January 2012, which has been confirmed by the Senate.  
Once our recommended corrective action has been effected by the 
appropriate OPRs, his records will be reconstructed to appear as 
though he never left active duty.  These measures will include, 
removing any existing duty history entry depicting his 
reassignment to the NNRPS, his HOR being reflected as Florida, 
and the placement of an AF Form 77 in his records to document 
any period during which an evaluation report was not rendered.  
Additionally, once DFAS is advised of the corrective measures, 
they will perform the necessary actions to ensure the applicant 
receives all monetary benefits to which he is entitled.  Such 
entitlements will include receipt of all retroactive back pay 
and allowances, time-in-service credit, all earned benefits, 
uninterrupted credit towards retirement, accrual of ordinary 
military leave, and TSP contributions.  We also note that in his 
response to the Air Force evaluations, the applicant 
acknowledges the rationale as to why there should be no 
corrected record set before an SSB for the CY09B Lt Col CSB.  In 
addition, based on his promotion selection by an SSB for the 
CY11A Lt Col CSB, he has withdrawn his request for removal of 
the 9 June 2008 assignment history entry and removal of the C” 
prefix from his DAFSC on the AF Form 77, closing 30 September 
2008.  In view of our above recommendation to reinstate him to 
active duty, his request for a 1 August 2014 TERA retirement is 
moot.  As such, the foregoing requests require no action by this 
Board.  However, after corrective action has been taken, should 
the applicant believe that his records are still incorrect or 
unjust, he may request reconsideration at that time.
6.  Notwithstanding the above, we find insufficient relevant 
evidence has been presented to demonstrate the existence of an 
error or injustice concerning his request for the following:

	a.	Restitution.

	b.	Authorizing adequate time to coordinate with DFAS to 
submit a remission of indebtedness package prior to 
settlement/recoupment of involuntary separation pay.

	c.	Placing the proposed AF Form 77, with a start date of 
18 January 2011, reflecting his 28 January 2011 Duty Title/DAFSC 
of “Deputy Director, Force Protection/R31P4” – USAFCENT, in his 
records.

	d.	Authorizing him to permanently wear the command insignia 
pin.

7.	Under the authority of 10 U.S.C. § 1552, this Board may, on 
behalf of the Secretary, correct any record in order to correct 
an error or to remove an injustice.  However, our authority is 
limited to the correction of a record.  The only monetary 
benefit we may award is that which results from a record 
correction.  In view of this, we have no authority to award 
restitution.  We also cannot direct another government agency to 
take certain actions.  Hence, we have no authority to direct 
DFAS to allow the applicant sufficient time to submit a 
remission of indebtedness package prior to settlement/recoupment 
of the involuntary separation pay he previously received.  
However, upon his reinstatement, the applicant may submit an 
application for remission of the debt to the Secretary of the 
Air Force Remissions Board through his local financial service 
office and the Air Force Financial Services Center.  Once his 
remission application is submitted, recoupment actions may be 
suspended until such time as a decision has been rendered.  We 
also find no basis to direct the proposed AF Form 77, with a 
start date of 18 January 2011, reflecting his 28 January 2011 
Duty Title/DAFSC of “Deputy Director, Force Protection/R31P4” – 
USAFCENT be placed in his records.  As indicated above, once he 
is reinstated to active duty in accordance with the governing 
regulation an AF Form 77 will be placed in his records 
documenting the absence of any evaluation report.  If after such 
corrections are made to his records and he believes the AF Form 
77 is incorrect or unjust, he may request reconsideration of 
this portion of his application at that time.  The applicant 
requests to be authorized to permanently wear the command 
insignia pin since the curtailment of his command tour-of-duty 
was a causal effect of the injustice.  We disagree.  While the 
referral report has been removed from his records by the ERAB, 
there has been no showing that he meets the criteria for 
permanent wear of the command insignia pin.  The evidence of 
record reflects the applicant has two qualifying periods during 
which he served as a squadron commander, i.e., 2 May 2005 
through 16 July 2005 and 9 June 2008 through 24 November 2008, 
for an aggregate of 8 months and 29 days.  However, as conceded 
by the applicant, he never completed the full tenure of the 
command, normally a two-year period.  Although the applicant 
previously served as a section commander from 2 May 2005 to 17 
July 2005, which when combined with his aforementioned duty as a 
squadron commander, entitles him to the commander “C” prefix to 
his DAFSC, in accordance with AFI 36-2903 duty performed as a 
section commander is not credible when determining eligibility 
to permanently wear the command insignia pin.  In view of this, 
we do not believe he is entitled to permanently wear the command 
insignia pin.  Therefore, in view of the above and in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend favorable consideration of these requests.

8.	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 issues 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 APPLICANT be corrected to show that:

	a.	The AF Form 77, Letter of Evaluation, rendered for the 
period through 1 February 2008 through 30 September 2008, be 
amended in Section I.5, Duty Title or Title of Additional Duty, 
to reflect “Commander.”

      b.	The Meritorious Service Medal, Second Oak Leaf Cluster 
(MSM, 2 OLC) awarded on 19 September 2011 for outstanding 
achievement during the period from 11 September 2010 to 18 March 
2011, be revoked.
      
      c.	He was not separated from active duty on 30 November 
2011, but on that date, he continued to serve on active duty and 
was ordered permanent change of station to his home of selection 
or home of record, pending further orders.
      
      d.	He be awarded the MSM, 2 OLC, for meritorious service 
during the period from 25 November 2008 to 30 November 2011.
      
      e.	The AF Form 709, Promotion Recommendation Form (PRF) for 
the Calendar Year (CY) 2010A Lieutenant Colonel (Lt Col) Central 
Selection Board (CSB) reflecting an overall promotion 
recommendation of “Promote” be removed from his record and 
replaced with the re-accomplished PRF, reflecting an overall 
recommendation of “Definitely Promote (DP).”
      
      f.	His corrected record, to include the PRF reflecting an 
overall promotion recommendation of “DP,” be considered by an 
Special Selection Board (SSB) for the CY10A Lt Col CSB.
      
We also recommend that any future non-selections for promotion 
to the grade of colonel, prior to receiving at least three 
Officer Performance Reports (OPRs) with at least 250 days of 
supervision in the grade of lieutenant colonel, be set-aside.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00740 in Executive Session on 20 March 2014 and 
31 July 2014, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Feb 13, w/atchs.
	Exhibit B.  IG Case File Worksheet, w/atchs (Withdrawn).
	Exhibit C.  Memorandum, AFPC/DPALL, dated 27 Mar 13.
	Exhibit D.  Memorandum, AFPC/DPALL, dated 15 May 13.
	Exhibit E.  Memorandum, AFPC/DPSID, dated 21 Jun 13.
	Exhibit F.  Memorandum, AFPC/DPSID, dated 23 Aug 13.
	Exhibit G.  Memorandum, AFPC/DPSOO, dated 23 Oct 13, w/atchs.
	Exhibit H.  Letter, SAF/MRBR, dated 13 Dec 13.
	Exhibit I.  Letter, Applicant, dated 9 Jan 13[sic], w/atchs.




					
					Panel Chair