RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01165
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His upgraded Bronze Star Medal (BSM) be used for supplemental promotion consideration to the grade of chief master sergeant (E-9) for promotion cycle 10E9.
His DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected to reflect he was awarded the BSM instead of the Meritorious Service Medal with 2 oak leaf clusters (MSM w/2 OLC) for the period of 26 March 2006 to 15 May 2007. (Administratively Corrected).
APPLICANT CONTENDS THAT:
His original BSM nomination was submitted in February 2007 through the United States Army channels and downgraded to a MSM w/2 OLC for the inclusive period of 26 March 2006 to 15 May 2007. However, through reconsideration, the MSM w/2 OLC was subsequently upgraded to a BSM and approved on 31 October 2013, with the same inclusive dates of 26 March 2006 to 15 May 2007. Therefore, the BSM should be considered for the contested promotion cycle 10E9.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate that he enlisted in the Regular Air Force on 27 December 1982.
On 3 April 2007, via DA Form 638, Recommendation For Award, the applicants recommendation for award of the BSM was downgraded to a MSM. As such, he was awarded a MSM w/2 OLCs for meritorious service during the period of 26 March 2006 to 15 May 2007, under permanent order 093-009.
On 1 May 2008, the applicant was promoted to the grade of senior master sergeant (E-8).
On 1 January 2011, the applicant retired from the Air Force and was credited with 28 years and 4 days of total active service.
On 31 October 2013, under permanent order 304-22, the applicant was awarded the BSM for the period of 26 March 2006 to 15 May 2007.
On 31 October 2013, under permanent order 304-28, the applicants MSM w/2 OLC for the period of 26 March 2006 to 15 May 2007, was revoked.
On 24 April 2014, a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge From Active Duty, was initiated to correct the applicants DD Form 214, effective 31 December 2011, from MSM w/3OLC to MSM w/2 OLC and to add the BSM.
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/DPSOE recommends denial of the applicants request to have his BSM used for supplemental promotion consideration to E-9 for promotion cycle 10E9. The BSM was not placed into official channels prior to the Board convening in October 2010 or for the selections of E-9 being announced in November 2010. In this case, the applicants MSM w/2OLC was considered in the promotion process for cycle 08E8 and the member was rendered a select to E-8 during this cycle. The MSM w/2OLC was again considered in the promotion process for cycle 10E9. The applicants decoration score was 25.00 (maximum points allowed), his board score was 322.50, his total score was 611.00, and the score required for selection in his Air Force Specialty Code (AFSC) was 651.00. Air Force promotion policy dictates that before a decoration is credited for a specific promotion cycle, the close out date of the decoration must be on or before the Promotion Eligibility Cutoff Date (PECD), and the date the DÉCOR 6, Request for Decoration Printout (RDP) was signed, must be before the date of selection for the cycle in question. The PECD for cycle 10E9 was 31 July 2010. In addition, a decoration that a member claims was lost, upgraded, downgraded, etc., must be fully documented and verified showing that it was placed back into official channels prior to the selection date. Furthermore, according to AFI 36-2502, Enlisted Airman Promotion/Demotion Program, supplemental promotion consideration will not be granted if the error or omission appeared on/in the Airmans Data Verification Record (DVR), Automated Records Management System (ARMS) record or senior non-commissioned officer (NCO) selection folder. Also no corrective or follow-up action was taken by the airman prior to the original evaluation board for E-8 and E-9 (cycle 10E9 Board convened 18 29 October 2010). The applicant provides no documentation reflecting that he attempted to have the MSM upgraded anytime between its original award date in 2007 and the Board convening date for cycle 10E9 in October 2010. The upgrade of the decoration does not automatically entitle the applicant to supplemental promotion consideration for cycle 10E9, as well as, it was not a matter of record at the time selection was made in November 2010.
A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.
AFPC/DPSID states no further action is required in regards to the applicants request for award of the BSM. The United States Air Force Central Command provided sister service concurrence to the United States Army for upgrade of the applicants MSM to the BSM on 15 November 2013. All pertinent documentation has been forwarded to the appropriate offices in order to update the applicants Automated Records Management System (ARMS).
A complete copy of the AFPC/DPSID evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant argues that contrary to OPR indicating that he received the maximum decoration points allowed for promotion and a decoration upgrade to a BSM would not affect his weighted promotion score, it is his belief that the most significant component of any senior master sergeant and chief master sergeant promotion is the non-weighted factor (Board Score). The board score fluctuates from 270 to 450 points and it is based on different factors to include the review of all awarded decoration citations and his BSM was not included in the process. The inclusive dates of his awarded BSM are clearly before the PECD of 31 July 2010 and therefore should be considered for the promotion cycle 10E9. Furthermore, since he was assigned to the Army during his deployment, a DA Form 638, was used in place of the DÉCOR 6, which is normal processing for members being nominated for a decoration from the U.S. Army. Nevertheless, the inclusive dates on the DA Form 638 were well before the PECD of 31 July 2010. Lastly, adding a decoration is an authorized reason to request senior non-commissioned officer supplemental promotion board consideration.
A complete copy of the applicants response 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant contends that his awarded BSM, that replaced his MSM w/2 OLC, should be reviewed for promotion consideration to chief master sergeant (E-9) since it bears the same inclusive dates. While we note the comments of AFPC/DPSOE indicating the BSM should not be credited as it was not placed into official channels prior to the Board convening in October 2010, we believe corrective action is appropriate. In this respect, we believe the applicant was improperly disadvantaged due to the absence of the BSM which could have potentially detracted from his overall evaluation of his record. In view of this and given the applicants records were administratively corrected to reflect he was awarded the BSM, we believe it would be appropriate to provide the applicant supplemental promotion consideration, with the inclusion of the BSM, for promotion cycle 10E9.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he was provided supplemental promotion consideration to the grade of chief master sergeant (E-9) for cycle 10E9 with inclusion of his award of the Bronze Star Medal awarded for the period 26 March 2006 to 15 May 2007.
If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issue involved in this application, that would have rendered the applicant ineligible for this promotion, such information will be documented and presented to the Board for a final determination on the individuals qualifications for the promotion.
The following members of the Board considered AFBCMR Docket Number BC-2014-01165 in Executive Session on 3 March 2015, 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-2014-01165 was considered:
Exhibit A. DD Form 149, dated 17 March 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 15 September 2014.
Exhibit D. Letter, AFPC/DPSID, dated 3 November 2014.
Exhibit E. Letter, SAF/MRBR, dated 9 January 2015.
Exhibit F. Letter, Applicant, dated 6 February 2015,
w/atchs.
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