RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03827 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Meritorious Service Medal Second Oak Leaf Cluster (MSM 2OLC) be considered for upgrade to the Bronze Star Medal (BSM) and the inclusive period for the decoration be amended to read 10 Mar 08 to 3 Sep 08, instead of 10 Mar 07 to 3 Sep 08. 2. If his request for award of the BSM is approved, the BSM be entered in his records, and that he be given Special Selection Board (SSB) consideration for promotion to the grade of lieutenant colonel by the P0508B and P0509B Lieutenant Colonel Central Selection boards with the corrected record. _________________________________________________________________ APPLICANT CONTENDS THAT: The original DA Form 638, Recommendation for Award, dated 11 Oct 08, with an inclusive period of 10 Mar 08 to 3 Sep 08 was for award of the BSM and should not have been downgraded to the MSM. He was recommended for a BSM for his service in Kabul, Afghanistan from 10 Mar 08 to 3 Sep 08. During this period he led over 70 convoys through areas in the province of Kabul that frequently experienced direct fire, rocket, Improvised Electronic Devices (IED) and suicide bomber attacks targeting convoys (his convoys were not attacked). He led 35 key leader engagements with Afghan police and tribal elders “outside the wire” to enhance the security of Kabul. He was recommended for a BSM while serving in a combat zone and performing duties outside the wire in areas routinely attacked by insurgents and this award should not have been downgraded for being “non-combat.” In support of his request, the applicant provides copies of his MSM certificate, dated 3 Sep 08 (Permanent Order #285-008), DA Form 638, Recommendation for Award; AF IMT 77, Letter of Evaluation, Memorandum from AFPC/DPSIDR, Memorandum to AFCENT A1 Decorations, and email and phone traffic verifying his attempt to administratively resolve his request. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is presently serving on active duty in the grade of major. The applicant was recommended for award of the BSM for his service in support of Operation ENDURING FREEDOM while serving in Afghanistan. Based on the DA Form 638 provided, the applicant’s recommendation was downgraded by the approval authority from a BSM to the MSM for being “non-combat.” In a memorandum dated 15 Nov 10, DPSIDR advised the applicant that he must seek administrative relief through the original approval authority, the United States Air Force Central Command (USAFCENT). The applicant provided documentation, i.e., email and phone traffic, verifying his attempt to administratively resolve his request; however, his requests went unresolved after the agencies he contacted did not respond. The BSM is awarded to a person in any branch of the military 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 and 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. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR was unable to substantiate that an injustice exists regarding an upgrade of his MSM to BSM. Regarding the applicant’s request for an adjustment to the award date of his MSM 2/OLC; they were able to verify the inclusive period for the applicant’s service was as stated on the DA Form 638; therefore, they recommend approval for the inclusive period adjustment and would require a new proposed citation to upgrade the award of the MSM to forward to the Secretary of the Air Force for signature. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The original recommendation of a BSM was justified since it was for meritorious service in connection with military operations against an armed enemy as well as being accomplished with distinction as stated in the BSM definition. The original BSM recommendation was also consistent with other BSMs awarded in the U.S. Central Command (CENTCOM) area of responsibility (AOR) to USAF personnel. As noted in his Officer Performance Report (OPR), dated 31 Jan 09, he accomplished meritorious service with distinction as noted in the bullets covering his service during his deployment. While the convoys he commanded were not attacked, the base he was stationed at, Camp Phoenix in Kabul, Afghanistan, experienced insurgent rocket attacks. This and other duties he performed constituted military operations against an armed enemy. Therefore, it was inaccurate to downgrade his BSM award to a MSM for being “non-combat.” The awarding of the BSM for this period is consistent with his rank, service, and achievements as well as similar to several BSMs awarded to other USAF majors in the AOR including relatively safe locations outside of Iraq and Afghanistan. Therefore, the downgrading of this award from a BSM to an MSM for being “non- combat despite it being recommended and meeting the requirements for a BSM is inconsistent with other BSMs awarded and constitutes an injustice which should be corrected. The applicant’s complete response, with attachment, is at 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission to include his rebuttal 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. The applicant’s contentions are duly noted; however, we are not persuaded by the evidence provided that the action by USAFCENT to downgrade his award caused him to be the victim of error injustice. While the applicant appears to argue that the downgrade of his award is inconsistent with awards approved for other similarly situated officers, he has not provided evidence to confirm this. Regarding the applicant’s request for an adjustment to the inclusive period for his award of the MSM 2OLC, we have been informed this portion of his request will be administratively corrected. Therefore, in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-03827 in Executive Session on 23 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 11 Aug 10, and 3 May 11, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 23 May 11. Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11. Exhibit D. Letter, Applicant, dated 2 Jul 11, w/atch.