RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03194

		COUNSEL:  NONE

		HEARING DESIRED:  NO


_______________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Air Force Achievement Medal (AFAM) for the period 15 July 1999 to 16 December 2002.  

_______________________________________________________________

APPLICANT CONTENDS THAT:

His AFAM award was previously reflected in the virtual military personnel flight (vMPF); however, for some reason it is no longer visible.  

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

_______________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of technical sergeant (E-6).  

On 14 Jan 2005, the applicant received an Article 15 for physically controlling a vehicle while drunk, in violation of Article 111, Uniform Code of Military Justice (UCMJ) and for dereliction in the performance of his duties, in violation of Article 92, UCMJ.  His punishment consisted of reduction to the grade of senior airman, forfeiture of $978.00 pay per month for two months (second month suspended for six months), and a reprimand.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C and D.  

_______________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating the special order officially authorizing him award of the AFAM has not been provided or located within his official military record.  The award of the AFAM cannot be verified without a copy of the special order.  It appears the AFAM was updated in the Military Personnel Data System based solely on the certificate/citation because the special order number and Personnel Accounting Symbol (PAS) code is missing.  Also, in accordance with Air Force Instruction 36-2803, The Air Force Military Awards and Decoration Program, Air Mobility Command (AMC) Supplement 1, paragraph 2.2.10, an award or decoration should not be presented to any person whose entire service during the period covered by the decoration has not been honorable.  In this case, the applicant received Article 15 punishment on 12 November 1999, which was during the inclusive period of the award.  Furthermore, the applicant has not provided documentation showing his attempt to exhaust his administrative means to resolve this issue by seeking relief through the original award approval authority; without input from the original approval authority, it would appear that although the AFAM certificate/citation was signed, a Special Order officially authorizing the decoration was not issued because the applicant’s service during the inclusive period was not honorable.  To grant the relief sought would be contrary to the criteria established by the Secretary of the Air Force and AFI 36-2803.  

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

AFPC/DPSOE recommends denial of the applicant’s request for supplemental promotion consideration for cycle 13E6.  A review of the applicant’s promotion file reveals that the AFAM was used in the promotion process beginning with cycle 03E5, in which he was selected for promotion to staff sergeant (E-5).  He was then demoted to senior airman (E-4) due to the receipt of Article 15 action.  He became eligible for promotion consideration to E-5 again during cycle 06E5, in which the AFAM was once again used, but he was not selected for promotion.  The AFAM was then used for cycle 07E5, in which the applicant was once again selected for promotion to E-5.  The applicant was considered and was not selected for promotion to E-6 for cycles 10E6 through 13E6.  The AFAM was no longer reflected in the promotion file for these cycles; however, the additional point was not sufficient to render the applicant as a select so supplemental promotion consideration would not be necessary.  It has been 10 years since the alleged award of the AFAM so it is impossible to determine why the AFAM would have been taken out of the system.  Nevertheless, if the applicant were verifying his records, as required, he would have discovered the AFAM was missing beginning with cycle 10E6.  In accordance with Air Force Instruction 36-2502, Airman Promotion/Demotion Program, paragraphs 2.6.6.2 and 2.8, airmen are to obtain and review their data verification record (DVR), score notices on the vMPF, and electronic records in the automated records management system (ARMS) to ensure data is correct, in order to notify the appropriate military personnel section (MPS) work center or agency for correction of any errors.  Supplemental promotion consideration will not be granted if the error or omission appeared on/in Airman’s DVR or ARMS record and no corrective or follow-up action was taken by the airman prior to the promotion selection date for E-5 through E-7.  In addition, all members eligible for promotion consideration also receive and/or have access to the enlisted promotion program fact sheet.  This document specifically indicates it is the member’s responsibility to verify all data on the DVR is correct and to review the ARMS to ensure data is correct and all appropriate documents are filed accordingly.  The applicant does not indicate he ever inquired about the AFAM during any data verification of past cycles.  He only actively began pursuing an update after he missed promotion to E-6 by less than one point.

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

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 6 Jan 20 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).  

______________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant contends that his Air Force Achievement Medal (AFAM), which had been a matter of record for several years, was erroneously removed from his records.  After a thorough review of the evidence or record and the applicant’s complete submission, we believe that a preponderance of the evidence supports corrective action.  While we note the comments of AFPC/DPSID indicating the AFAM was probably removed due to the applicant receiving nonjudicial punishment (NJP) during the inclusive period of the award, we are not convinced the removal of the AFAM had anything to do with his receipt of NJP.  In this respect, we note that our own review of the applicant’s records revealed the NJP was rendered in 2005, not in 1999 as indicated by AFPC/DPSID.  As the NJP occurred approximately two years after the inclusive period of the AFAM, there is no way the NJP could have formed the basis for the removal of the AFAM from the applicant’s records.  Furthermore, while the applicant was unable to provide a copy of the special orders related to the AFAM, a review of the applicant’s promotion file revealed that the AFAM was a matter of record for several years and was a weighted factor during several previous promotion cycles.  Therefore, we believe it is likely that the removal of the AFAM was inadvertent; and deem it appropriate to recommend the applicant’s records be corrected as indicated below.  

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 7 January 2003, he was awarded the Air Force Achievement Medal, for meritorious service, during the period 25 Jul 1999 to 16 December 2002.  

_______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-03194 in Executive Session on 8 Apr 14 and 16 Apr 14, 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 2 Jul 13, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 16 Sep 13.
     Exhibit D.  Letter, AFPC/DPSOE, dated 23 Oct 13.
     Exhibit E.  Letter, SAF/MRBR, dated 6 Jan 14.
     



                                   
                                   Panel Chair

           
           

4