Search Decisions

Decision Text

AF | BCMR | CY2013 | bc-2011-00217
Original file (bc-2011-00217.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 

XXXXXXXXXXXXXXX 

HEARING DESIRED:  NO 

DOCKET NUMBER:  BC-2011-00217 
 
COUNSEL:  NONE 

 
 
IN THE MATTER OF: 
   
 
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His revoked Air Force Commendation Medal, First Oak Leaf Cluster 
(AFCM,  1  OLC),  issued  under  Special  Order  G-131  dated  2 Jul  08, 
be re-instated. 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His  AFCM  was  revoked  due  to  a  15  Jul  08  referral  Enlisted 
Performance  Report  (EPR).    Since  the  referral  EPR  was  removed, 
the reason for revocation of the AFCM no longer exists.  
 
He has pursued administrative avenues of relief to get the AFCM, 
1 OLC reinstated.  In addition to working with the 345th RCS, he 
worked  with  his  local  Military  Personal  Flight.    However,  no 
response was ever received from the 345th RCS/CC. 
 
In  support  of  his  request,  he  provides  two  personal  memoranda, 
dated  22  Mar  10  and  11  Feb  12;  letters  of  support  from  his 
Commander during the specified tour of duty, dated 20 Jan 10 and 
25  Jan  12;  letter  of  support  from  the  Squadron’s  Operations 
Officer,  dated  5  Oct  10;  Evaluation  Reports  and  Appeals  Board 
(ERAB)  decision  to  rescind  the  EPR  (case#2812143),  dated  30  Nov 
10;  second  request  for  AFCM,  1  OLC  re-instatement,  dated  11  Feb 
12;  and  justification  memorandum  from  the  Superintendent, 
Military Personnel Section (21st FSS/FSMP-1), dated 29 Mar 12. 
 
In  his  statement,  the  former  345thth  RS  Commander  states  that  he 
identified  the  applicant’s  performance  during  his  tenure  as 
exceptional.    He  notes  there  was  only  three  duty  days  between 
his  and  the  applicant’s  departures.    He  absolutely  does  not 
concur  with  what  occurred  after  he  left.    It  was  done  without 
his knowledge and he would have vehemently opposed it. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
________________________________________________________________ 
 
 
 
 

 

 

STATEMENT OF FACTS: 
 
The  applicant  is  currently  serving  in  the  Regular  Air  Force  in 
the grade of master sergeant (E-7).   
 
On 2 Jul 08, he was awarded the AFCM, 1 OLC for the period 1 Oct 
04 to 2 Jul 08 for his service in the 345thth Recruiting Squadron 
(RS).   
 
On 14 Jul 08, he departed for his next duty station. 
 
On 15 Jul 08, his referral EPR closed-out. 
 
On  16  Sep  08,  his  2  Jul  08  AFCM,  1  OLC  was  revoked  per  Special 
Order G-191. 
 
On  30  Nov  10,  the  applicant  was  notified  by  AFPC/DPSIDEP  the 
ERAB  had  approved  his  application  to  rescind  the  15  Jul  08 
referral EPR. 
 
On  11  Jan  11,  the  applicant  submitted  his  first  DD  Form  149, 
Application  for  Correction  of  Military  Record  Under  the 
Provisions  of  Title  10  U.S.  Code,  Section  1558,  requesting  the 
revoked AFCM, 1 OLC, Special Order G-131 be re-instated.   
 
On  14  Feb  11,  AFPC/DPSIDR  returned  the  request  without  further 
action.    They  asked  that  all  administrative  channels  for  this 
decoration be exhausted before resubmitting a DD Form 149.   
 
On  26  Apr  11,  the  applicant  went  with  the  345th  RCS/CC  who 
submitted  him  for  the  AFCM  to  meet  with  the  current  345th  RCS/CC 
who  revoked  his  AFCM.    He  provided  the  current  commander  with 
all  the  information  requested  so  he  could  make  a  decision 
regarding his AFCM. 
 
The  remaining  relevant  facts  pertaining  to  this  application  are 
contained  in  the  letter  prepared  by  the  appropriate  office  of 
the Air Force, which is attached at Exhibit C. 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIDR  recommends  the  Board  consider  the  merits  of  the 
applicant’s  request  for  reinstatement  of  the  AFCM.    The 
applicant  has  attempted  to  exhaust  all  administrative  avenues 
through  his  former  chain  of  command.    If  the  board  decides  to 
grant  the  request,  all  records  should  be  updated  to  include 
removal  of  documentation  revoking  the  AFCM  as  if  it  never 
existed.   
 
A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. 
________________________________________________________________ 
 
 

2 

 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant  on  30  May  12  for  review  and  comment  within  30  days.  
As  of  this  date,  no  response  has  been  received  by  this  office 
(Exhibit D).  
________________________________________________________________ 
 
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  an  error  or  injustice.    After  a 
thorough  review  of  the  evidence  of  record  and  the  applicant’s 
complete  submission,  we  believe  a  preponderance  of  the  evidence 
supports  corrective  action.   
Considering  his  previous 
Commander’s  testimony  and  the  ERAB  decision  to  rescind  the  EPR, 
that  was  the  basis  for  revoking  the  AFCM,  1  OLC,  we  find  the 
evidence  presented  is  sufficient  to  support  voiding  the 
revocation order and placing the decoration back in his records.  
Therefore,  we  recommend  his  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:  
 

a. Department of the Air Force special order G-191, dated 16 

Sep 08 is declared void and removed from his records. 
 

b. The Air Force Commendation Medal (First Oak Leaf Cluster) 

that he was previously awarded on 2 Jul 08 for meritorious 
service during the period 1 Oct 04 to 2 Jul 08 is placed in his 
records.  
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2011-00217 in Executive Session on 9 Jan 13, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
 
 

 XXXXXXXXXXXXXXX, Panel Chair 
 XXXXXXXXXXXXXXX, Member 
 XXXXXXXXXXXXXXX, Member 

3 

 

 

All  members  voted  to  correct  the  records  as  recommended.    The 
following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2011-00217 was considered: 
 
   Exhibit A.  DD Form 149, dated 11 Jan 11 and 11 Feb 12, w/atchs. 
   Exhibit B.  Applicant's Master Personnel Records. 
   Exhibit C.  Letter, AFPC/DPSIDR, dated 16 May 12. 
   Exhibit D.  Letter, SAF/MRBR, dated 30 May 12. 
   
 
 
 
                                   XXXXXXXXXXXXXXX 
                                   Panel Chair 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

4 

 



Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 00365

    Original file (BC 2013 00365.txt) Auto-classification: Approved

    Her referral “4” EPR was rendered as a result of the contested FA failures and should therefore also be removed from her records. A complete copy of the AFPC/DPSOE evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 May 14 for review and comment within 30 days (Exhibit F). The applicant contends that because she had a medical condition that unfairly precluded her from attaining passing fitness...

  • AF | BCMR | CY2011 | BC-2011-00720

    Original file (BC-2011-00720.txt) Auto-classification: Denied

    In support of his request, the applicant provides a personal statement, excerpts from his medical records, letters of support, and other documentation associated with his request. The following is a resume of his EPR ratings, commencing with the report closing 26 Oct 07: RATING PERIOD PROMOTION RECOMMENDATION 26 Oct 07 5 20 Dec 06 5 20 Jun 06 4 * 13 Oct 05 2 13 Oct 04 5 * Contested Report Under separate cover, the applicant requested assistance from Senator Murray on 19 Jan 11 in support of...

  • AF | BCMR | CY2009 | bc-2009-01709

    Original file (bc-2009-01709.docx) Auto-classification: Denied

    On 4 Feb 08, the applicant’s rater requested input from the previous rater for the EPR closing 28 Jan 08. On 13 Feb 08, the applicant appealed the EPR to the Evaluation Reports Appeal Board (ERAB) contending the EPR indicated incorrect dates of supervision. A complete copy of the DPSIDEP evaluation is at Exhibit C.

  • AF | BCMR | CY2009 | BC-2008-02257

    Original file (BC-2008-02257.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR defers to the board for a decision in the applicant's request for award of the MSM w/1OLC. Therefore, based on the evidence provided, it appears that he did in fact receive the MSM w/1OLC upon his retirement from the Air Force. Exhibit C. Letter, SAF/MRBR, dated 1 Aug 08.

  • AF | BCMR | CY2009 | BC-2007-02137

    Original file (BC-2007-02137.DOC) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are at Exhibits B and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR notes that while serving as a first sergeant and attached to the Army, the applicant was deployed to Balad Air Base (AB), Iraq from 5 Dec 04 to 5 Apr 05. They recommend the Board review the nominating official’s original...

  • AF | BCMR | CY2009 | BC-2008-01811

    Original file (BC-2008-01811.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01811 INDEX CODE: 107.00 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded all medals to which entitled, including but not limited to, the Air Force Commendation Medal (AFCM), the Combat Action Ribbon (CAR), the Presidential Unit Citation (PUC), and other combat action awards, i.e., the Combat...

  • AF | BCMR | CY2010 | BC-2010-01282

    Original file (BC-2010-01282.txt) Auto-classification: Denied

    The applicant did not provide any evidence to support his contention of retaliation. The DPSIDEP complete evaluation is at Exhibit B. AFPC/DPSOE does not provide a recommendation. The DPSOE complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by withdrawing his request to be awarded the AFCM.

  • AF | BCMR | CY2009 | BC-2008-01852

    Original file (BC-2008-01852.doc) Auto-classification: Denied

    The report was marked down in one area, “How well does ratee comply with standards?” Her EPR profile reflects the following: PERIOD ENDING EVALUATION OF POTENTIAL 15 Jan 03 5 15 Jan 04 5 Her EPR profile continues: PERIOD ENDING EVALUATION OF POTENTIAL 15 Jan 05 5 16 Jul 05 5 16 Jul 06 5 **16 Jul 07 4 ** Contested report _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDEP recommends denial and states in part, that since the applicant did not...

  • AF | BCMR | CY2012 | BC 2012 03485

    Original file (BC 2012 03485.txt) Auto-classification: Approved

    Furthermore, because the failed FAs resulted in the applicant receiving a referral EPR and cancellation of his promotion, to the grade of technical sergeant, we recommend the referral EPR for the period of 29 Feb 2012 to 11 Jul 2012 be declared void and removed from his records and that his promotion to the grade of technical sergeant be reinstated with a date of rank and effective date of 1 Sep 2012. Exhibit C. Letter, AFPC/DPSID, dated 19 Sep 2013. Exhibit D. Letter, AFPC/DPSOE, dated 29...

  • AF | BCMR | CY2010 | BC-2010-03942

    Original file (BC-2010-03942.txt) Auto-classification: Denied

    The complete DPTOS evaluation is at Exhibit G. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: With regard to his request to remove and void the EPRs from Aug 06 and Oct 07, the applicant states he cannot submit anything to the ERAB without having first corrected the Article 15, because the 07 EPR hinges solely on the decision regarding the Article 15. The applicant requests his EPR ending 5 Aug 06 be removed from his record. We...