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AF | BCMR | CY2014 | BC 2014 03240
Original file (BC 2014 03240.txt) Auto-classification: Denied
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 applicant’s 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).

Applicant’s RDP was 19 Jul 13.

The process milestones in regards to applicant’s 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 applicant’s 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 applicant’s 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 
applicant’s 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 applicant’s 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 applicant’s circumstances, it is not 
conclusive the decoration was submitted prior to the PECD.  
Further, evidence does not support the applicant’s 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 applicant’s 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 applicant’s 14 Nov 13 Air 
Force Commendation Medal (AFCM).  After a thorough review of the 
evidence of record and the applicant’s 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 applicant’s 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 individual’s 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 applicant’s 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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