RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00061 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to reflect award of the Bronze Star Medal (BSM). APPLICANT CONTENDS THAT: The Army approved her for award of the BSM for her actions in combat while deployed to Afghanistan. After receiving an Article 15 subsequent to her deployment, the Air Force revoked the BSM and she was never issued the medal. The BSM was earned by actions not related to the Article 15 she received and it is unjust to punish her twice. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 16 Dec 93, the applicant enlisted in the Regular Air Force. On 1 Jan 14, she retired from active duty and was credited with 20 years and 15 days of total active service. According to documentation provided by the applicant, on 8 Aug 12, she was awarded the BSM for exceptionally meritorious service as the flight superintendent while deployed in support of Operation Enduring Freedom from 7 Mar 12 to 7 Sep 12. On 6 Nov 12, the applicant received an Article 15 for adultery, in violation of Article 134 of the Uniform Code of Military Justice (UCMJ). As a result, her punishment consisted of reduction to the grade of technical sergeant (E-6) (suspended), forfeiture of $1,794.00 pay and a reprimand. On 6 Nov 12, the applicant acknowledged receipt of the Article 15 punishment and, on 7 Nov 12, elected not to appeal. On 18 Jan 13, the Article 15 was reviewed and determined to be legally sufficient. On 14 Apr 13, the applicant’s permanent orders authorizing the award of the BSM was revoked. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. The applicant’s BSM was revoked by the original approval authority, the Army. The revocation is not additional punishment as the applicant contends because the award would not have been made if the action causing the Article 15 was known prior to the award. Additionally, Army Regulation (AR) 600-8-22 requires an award be revoked if subsequent information is revealed that would not have warranted the award had it been known at the time of the award. The actions by the approval authority to revoke the BSM are correct and well within the regulations, as the applicant’s service during the inclusive award period was not honorable and resulted in Article 15 punishment. The complete DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial. After review of the applicant’s request, supporting documents, the BSM criteria, the Army Regulation, and DPSID’s advisory, they concur with DPSID in recommending disapproval for award of the BSM. The previous decision to revoke the BSM is within the guidelines of AR 600-8- 22, paragraph 1-17. The complete MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 Jun 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend the relief sought in application. 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-2014-00061 in Executive Session on 9 Dec 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Feb 14, w/atchs. Exhibit B. Applicant's Available Master Personnel Records Exhibit C. Letter, AFPC/DPSID, dated 25 Apr 14. Exhibit D. Letter, SAF/MRBP, dated 29 May 14. Exhibit E. Letter, SAF/MRBR, dated 20 Jun 14.