RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02399
		INDEX CODE:  107.00
	 	COUNSEL: NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Feb 02, 2009

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APPLICANT REQUESTS THAT:

The Air Force Commendation Medal (AFCM) he received while in Saudi Arabia be changed to a Bronze Star Medal (BSM).

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APPLICANT CONTENDS THAT:

He was initially submitted for the BSM and the downgrade of his decoration was unjust.

Higher authorities stated that during the Panama Invasion, the citation system had been highly abused.  As a result, many submitted citations for personnel in the first Gulf War Theatre were down-graded or even denied.

He, along with his staff, accomplished something that no other senior noncommissioned officer in his career field ever did or will (which warrants a Meritorious Service Medal (MSM), but since it was in a war, the BSM). 

He did not know until recently he could file an appeal.  In addition, many others, along with senior noncommissioned officers in his career field have received MSMs for a lot less—some for merely keeping their nose clean over a period of time.  It would be the only fair thing to do.

In support of his request, the applicant provided a statement, a copy of the citation, certificate and Special Order for the AFCM, and copies of his enlisted performance reports ending 30 Mar 91 and 30 Mar 92.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was honorably retired from the active duty Air Force 1 Jun 93.  He was credited with 20 years, 9 months, and 20 days of active service.

Records indicate he was awarded the AFCM, First Oak Leaf Cluster, for the period 16 Jan 91 to 7 Apr 91 for his assignment to King Fahad Royal Saudi Air Force Base.  Additionally, the decoration was awarded for outstanding achievement and dated 8 Jul 92.  

The applicant received his AFCM, Second Oak Leaf Cluster, for the period 8 Apr 91 to 31 may 93, upon his retirement from the Air Force.

The BSM is awarded to a person in any branch of the military service who, while serving in any capacity with the Armed Forces of the United States on or after 7 Dec 41, shall have distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  The award recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the Silver Star.  It also recognizes single acts of merit or meritorious service if the achievement or service is of a lesser degree than that deemed worthy of the Legion of Merit; but such service must have been accomplished with distinction.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request.  After a thorough review of the applicant’s military personnel records, DPSIDR was unable to locate a recommendation for the BSM.  The applicant did not provide documentation to substantiate the award of the BSM, such as a recommendation for, special orders, or citation to substantiate the request.

The timeline for submitting a decoration is two years from the date of the act or achievement.  In the case of World War II decorations, 3 May 51 was the cut-off date for submission.  However, under the Fiscal Year 1996 National Defense Authorization Act (NDAA), Section 526, which was enacted into law on 10 Feb 96, this timeline, has been waived.  Under this act, veterans, who may make a case for award consideration (or upgrade of a previously awarded decoration) not previously eligible because of these time limits, may now submit for award consideration.  However, the written recommendation must meet two criteria:  1) be made by someone, other than the member himself, in the member’s chain of command at the time of the incident, and, who has firsthand knowledge of the acts or achievements; and, 2) be submitted through the congressional member who can ask a military service to review the proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred.

The AFPC/DPSIDR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Sep 07 for review and comment within 30 days.  As of this date, this office has not received a response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2007-02399 in Executive Session on 1 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered for BC-2007-02399:

    Exhibit A.  DD Form 149, w/atchs, dated 21 Jul 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPSIDR Memorandum, dated 4 Sep 07.
    Exhibit D.  SAF/MRBR Letter, dated 21 Sep 07.