RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03607 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was awarded the Legion of Merit (LOM) for his role in a classified mission which resulted in the rescue of an American citizen from hostile forces. ________________________________________________________________ APPLICANT CONTENDS THAT: In 1989, he was involved in a classified mission of great importance to the United States over an eight month period that resulted in the rescue of an American citizen from captivity by the Panamanian Defense Forces (PDF) during Operation JUST CAUSE. The applicant, a medical doctor, volunteered to treat the detainee and eventually obtained permission from the Panamanian government to visit him on a regular basis to do so. He became a lifeline of sorts for the detainee as he had smuggled letters to his family. Ultimately, and at great personal risk, he began smuggling out raw intelligence that was instrumental in rescuing the American detainee when US Special Forces raided the prison in 1989. News of the mission was published in a book written by the former captive in 2006. The applicant subsequently sought out his commander at the time to request he be recommended for award of the LOM for his distinguished actions in the mission to rescue the American captive. It took him until 2010 to locate his former commander who, during the matter under review, was unaware of the role the applicant played in the ultimate rescue of the American captive. His former commander provided a recommendation for the requested award, which includes a narrative recommendation and citation to accompany the proposed award. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force in the grade of lieutenant colonel (O-5) during the matter under review. On 23 Feb 90, the applicant was awarded the Defense Meritorious Service Medal (DMSM) for meritorious service or the period of 3 Jan 88 to 31 Mar 90 while serving as the Deputy Command Surgeon, Command Surgeon Directorate, Headquarters, United States Southern Command, Panama. While the citation of his DMSM does not include any description of the events in question, his Officer Performance Report (OPR), rendered for the period 7 Jul 89 through 18 Mar 90 indicates that he was “instrumental in the successful release of a US hostage.” On 20 Mar 95, the applicant was relieved from active duty and he was transferred to the temporary disability retired list (TDRL) in the grade of colonel (O-6), effective 21 Mar 95. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for the LOM for outstanding service as it would constitute dual recognition in violation of DoD and Air Force policy which dictates that only one decoration is awarded for the same act, achievement, or period of service. The applicant received the DMSM for his service while assigned in Panama from 3 Jan 88 through 31 Mar 90. However, his request for the LOM for the period 7 Apr 89 through 23 Dec 89 falls within the inclusive period of his DMSM and would constitute dual recognition. Additionally, while the applicant has provided a signed recommendation for the LOM, it is not dated or notarized and therefore the authenticity of the signature of the recommending official cannot be verified. A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to the advisory opinion, the applicant provides signed, dated, and notarized recommendation for award of the LOM, as well as additional supporting statements from both the recommending official and his supervisor during the matter under review. The applicant’s supervisor indicates that he could not have written a recommendation at the time due to his limited first-hand knowledge of the applicant’s heroic actions. Furthermore, the applicant was transferred from Panama almost immediately after the invasion and while his supervisor was still unaware of his actions in working with Delta Force personnel in one of the first actions of the invasion – the rescue of the American detainee. Accordingly, when he wrote the applicant’s end of tour award (DMSM), he gave no credence to the “secret time” that the applicant had spent away from his regular duties. Further, the citation for his DMSM says nothing about his work with the U. S. Army Delta Force regarding the planning for and rescue of an American hostage. He also indicates that DODM 1348.33, Volume 3, indicates that an award for individual valor, heroism, or specific achievement within a longer period of meritorious service is not considered duplication, provided the citation for the meritorious service or the accompanying documentation justifying the award does not cite any of the actions for which the valorous or specific achievement award was given. As the applicant’s DMSM does not include a word about his efforts to secure the rescue of the American hostage, his crucial role in intelligence gathering, and the dangers he faced by making 110 visits into the enemy’s sanctuaries can form the basis of award of the LOM despite the fact these events took place during the inclusive period of the DMSM. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP recommends the applicant be awarded the BSM instead of the LOM. Although the current criteria for awarding the BSM is limited to Armed Forces personnel who were serving in geographic area in which hostile fire pay or imminent danger pay was authorized, this restriction for award of the BSM does not apply to the period of service in question. The policy in effect at the time, AFR 900-48, indicates the BSM can be awarded for Heroism or meritorious achievement or service while serving as a member of the Armed Forces after 6 Dec 41 under conditions which include being engaged in an action against an enemy of the United States. On 15 Dec 89, the National Assembly of Panama declared that a state of war existed with the US and adopted measure to confront foreign aggression; on 17 Dec 89, the national command authority directed the Joint Chiefs of Staff to execute PLAN 90-2; Joint Task Force South received the JCS execute order on 18 Dec 89 with a D-Day 20 Dec 89 and the US Army Delta Force rescued the American hostage on 29 Dec 89. Therefore, the BSM is the appropriate level of decoration to recognize the applicant’s specific accomplishments and does not constitute dual recognition as described in the AFPC/DPSIDR evaluation of this case. A complete copy of the SAF/MRBP evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the SAF/MRBP evaluation was forwarded to applicant on 13 Feb 13 for review and comment within 30 days (Exhibit G). On 13 Feb 13, the applicant replied via email and indicated that he did not intend to submit a rebuttal to the SAF/MRBP evaluation (Exhibit H). ________________________________________________________________ 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 warranting correcting the applicant’s record to reflect he was awarded the Bronze Star Medal (BSM). While the applicant contends that he should be awarded the Legion of Merit (LOM) for his heroic actions during the matter under review, we agree with the determination of SAF/MRBP indicating the BSM is the most appropriate form of recognition to recognize the applicant’s specific accomplishments based on the nature of his contributions during the mission in question. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Bronze Star Medal (BSM) for heroism during the period 7 April 1989 through 23 Dec 1989. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03607 in Executive Session on 26 Jun 12 and 4 Mar 13, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03607 was considered: Exhibit A. DD Form 149, dated 26 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 23 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12. Exhibit E. Letter, Applicant, dated 20 Mar 12, w/atchs. Exhibit F. Letter, SAF/MRBP, dated 11 Feb 13. Exhibit G. Letter, AFBCMR, dated 13 Feb 13 [sic]. Exhibit H. Letter, Applicant, dated 13 Feb 13.