RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03240
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The décor 6 [Request for Decoration Printout (RDP)] date and Given
Under Hand date for his Air Force Commendation Medal (AFCM), dated
14 Nov 13, be changed to 15 Nov 11, the original date it should
have been processed.
APPLICANT CONTENDS THAT:
His decoration was not properly processed and became lost in the
system for nearly two years. Part of the problem was due to his
early departure for retraining and his unit relocated from one
base to another. After following up several times, the award was
recreated; however, the new RDP date [the date the award is
considered placed in official channels] was after the promotion
board selection results were made. If the decoration had been
processed in a timely manner, the three promotion points earned
for the AFCM would have put him above the cut off score for
selection to technical sergeant (E-6) in 2013. Further, he is
concerned he is eligible for a retention board because he was not
selected for promotion. His previous supervisor and unit
commander have submitted statements attesting to the award being
initiated in 2011, the applicant inquiring about his lost
decoration prior to his non-selection for promotion, and the
administrative errors were beyond his control.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving as a member of the Regular Air
Force in the grade of staff sergeant (E-5).
Applicants RDP was 19 Jul 13.
The process milestones in regards to applicants promotion cycle
for 13E6 are provided below:
- Promotion Eligibility Cutoff Date (PECD) for 13E6 promotion
cycle was 31 Dec 12.
- Promotion selections for 13E6 promotion cycle were made
16 Jul 13.
- Request for Decoration Printout (RDP) 19 Jul 13.
- Public release of promotion selections for 13E6 promotion
cycle was on 1 Aug 13.
On 14 Nov 13, the applicant was awarded the AFCM, for the period
of performance from 2 Dec 08 to 15 Nov 11, with an RDP date of
19 Jul 13.
The remaining relevant facts pertaining to this application are
described in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are included at Exhibits C, D,
and E.
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends granting relief to change the RDP date and
Given Under Hand date of the applicants 14 Nov 13 AFCM,
indicating there is evidence of an error or injustice. Section
6249 of Title 10 United States Code directs a decoration be
processed within three years and presented within five of the act,
achievement, or service. While the applicants award meets these
criteria, he has demonstrated there were processing delays beyond
his control. To substantiate this claim, he has provided
sufficient evidence of his personal diligence and supporting
statements by his former supervisor and unit commander, testifying
how the error occurred. It is recommended the Board grant the
applicants request and determine an appropriate RDP date and
Given Under Hand date.
A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.
AFPC/DPSOE recommends to deny the applicants request for the
corrected AFCM be considered in the 13E6 promotion cycle,
indicating there is no evidence of an error or injustice. The
policies regarding the approval of a decoration and the credit of
a decoration for promotion purposes are two separate and distinct
policies.
AFI 36-2803, Air Force Awards and Decorations Program, states a
decoration is considered to have been placed into official
channels when the decoration recommendation is signed by the
initiating official and indorsed by a higher official in the chain
of command. In this case, the RDP, dated 19 Jul 13, does not meet
the criteria for promotion credit because the request for
decoration is after selections were made on 16 Jul 13.
AFI 36-2502, Airman Promotion Program, dictates that before a
decoration is credited for a specific promotion cycle (13E6 in
this case), the close out date of the decoration must be on or
before the Promotion Eligibility Cutoff Date (PECD), and the date
of the RDP must be before the date of selections for the cycle in
question. This policy was initiated 28 Feb 79 to specifically
preclude personnel from subsequently submitting someone for a
decoration with a retroactive decoration effective date so as to
put them over the selection cutoff score. Exceptions to this
policy are only considered when an airman can support a previous
submission with documentation or statements including conclusive
evidence that the recommendation was officially placed in military
channels within the prescribed time limit and conclusive evidence
the recommendation was not acted upon through loss or
inadvertence.
The applicant was considered but not select for promotion to
technical sergeant (E-6) during promotion cycle 13E6. His score
was 1.51 points below the cutoff score. Had the AFCM (worth three
points) in question been part of his promotion record, he would
have been a selectee for promotion, pending a favorable data
verification check and the recommendation of his commander.
After a review of the applicants circumstances, it is not
conclusive the decoration was submitted prior to the PECD.
Further, evidence does not support the applicants contention he
began efforts to correct the error until after he was not selected
for promotion in August 2013. To approve the applicant's request
would not be fair or equitable to many others in the same
situation who miss promotion selection by a narrow margin and are
not entitled to have an "after the fact" decoration count in the
promotion process.
Additionally, if the RDP date and Under My Hand dates are changed,
it would not automatically entitle the applicant to supplemental
promotion consideration because the AFCM was not eligible for use
in the promotion process at the time; the Board would have to
direct the applicant be provided supplemental consideration for
cycle 13E6, to include the AFCM.
A complete copy of the AFPC/DPSOE evaluation is at Exhibit D.
AFPC/DPSOR would like to inform the Board the applicants Air
Force Specialty Code of 1A0X1 was removed for Enlisted Retention
Board (ERB) consideration in 2014; therefore, the applicant did
not meet an ERB and was not considered for separation as he
anticipated in his contentions.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 23 Dec 14 for review and comment within 30 days
(Exhibit F). As of this date, no response has been received by
this office.
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 with regards to
changing the Under Hand Date of the applicants 14 Nov 13 Air
Force Commendation Medal (AFCM). After a thorough review of the
evidence of record and the applicants complete submission, we
believe the applicant has not been the victim of an error of
injustice. We note the comments of AFPC/DPSIDR indicating relief
should be granted because the applicants provided documentation
of due diligence in following up on the status of his AFCM.
However, The Board was not convinced the applicant submitted
enough evidence to indicate why the processing of his AFCM is any
different than any other individuals end of tour medal which was
not processed in a timely manner could have been; the fact he
missed a promotion selection was not determined to be an
injustice. Ultimately, the Board was not convinced there was an
injustice great enough to warrant changing the Under Hand Date,
and directing a supplemental promotion due to the length of time
in processing the applicants AFCM. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
?
The following members of the Board considered AFBCMR Docket Number
BC-2014-03240 in Executive Session on 21 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 15 Oct 14.
Exhibit D. Memorandum, AFPC/DPSOE, dated 3 Nov 14.
Exhibit E. Memorandum, AFPC/DPSOR, dated 4 Dec 14.
Exhibit F. Letter, SAF/MRBR, dated 23 Dec 14.
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