RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02889

XXXXXXXXXXXXXXXX		COUNSEL:  XXXXXXXXXXXXXXXX

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Army Commendation Medal with Valor (ARCOMV) be upgraded to the Silver Star.  

APPLICANT CONTENDS THAT:

On 28 Apr 11, he was stationed in Afghanistan as a Joint Terminal Attack Controller (JTAC) and was engaged in close quarter combat, while supporting 2-4 Infantry Regiment from the 1st Platoon, Apache Company.  Upon their return to base, sworn statements were taken and he was assured he would receive a Silver Star for his actions.  However, after coming home from his deployment he was awarded the ARCOMV.  He then discovered that one of the infantry soldiers involved in the incident, received credit for his actions and was awarded the Silver Star.  He is currently in contact with the Czech soldiers, who were present during the attack, and they are willing to testify that it was his actions that garner the award.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 Oct 05.

Permanent Order 118-20, dated 28 Apr 11, indicates that the applicant was awarded the Combat Action Badge for his actions on 23 Mar 11.

On 17 May 11, the applicant received the Army Achievement Medal for outstanding achievement as a JTAC serving with Alpha Company, 2-4 Infantry Regiment from 13 Nov 10 to 2 Jun 11.

On 18 Aug 11, the applicant received the Air Force Combat Action Medal for having been under direct and hostile fire or physically engaging hostile forces with direct and lethal fire on 10 Dec 10.

The applicant provided DA Form 638, Recommendation for Award, dated 3 Oct 11, that indicates he was recommended for the ARCOMV for his actions on 28 Apr 11. 

On 17 Oct 11, the applicant transferred to the Air Force Reserve and was furnished an honorable discharge from active duty, credited with 6 years of active service. 

On 17 Nov 11, the applicant received the Air Force Commendation Medal for meritorious service from 14 Jul 06 to 17 Oct 11. 

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibit C and D.    

AIR FORCE EVALUATION:

AFPC/DP2SP recommends disapproval for the upgrade of the Army Commendation Medal with Valor.  The applicant has failed to submit official documentation verifying that he received the Army Commendation Medal with Valor and therefore, they cannot consider it for an upgrade.  While they were able to confirm the applicant received the Army Achievement Medal for his deployed service, they were advised by the Department of the Army awards and decorations office that there is no record of processing an Army Commendation Medal with Valor package on the applicant and approving it. Furthermore, due to the applicant being attached to the Army unit while deployed and not assigned, the Army would first have to seek Sister Service Concurrence from the Air Force prior to awarding an Army Decoration to an Air Force member.  In this regard, their office has no record of a Sister Service Concurrence request for award of the Army Commendation Medal with Valor for the applicant. To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department.

A complete copy of the AFPC/DP2SP evaluation is at Exhibit C.

SAF/MRBP recommends denial and concurs with AFPC/DP2SP rationale that the applicant has not provided sufficient documentation to verify award of the Army Commendation Medal with Valor or documentation to support the award of the Silver Star.  

A complete copy of the SAF/MRBP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force and SAF/MRBP evaluation was forwarded to the applicant on 3 Oct 16 for review and comment within 30 days (Exhibit D).  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 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.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and SAF/MRBP and adopt their rationale to conclude the applicant has not been the victim of an error of injustice.  While the Board recognizes that the applicant submitted DA Form 638, Recommendation for Award, indicating that he was recommended for the ARCOMV, there is nothing in his military personnel records that indicate he was awarded the medal.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-02889 in Executive Session on 01 November 2016 under the provisions of AFI 36-2603:

	XXXXXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXXXXX, Member
	XXXXXXXXXXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02889 was considered:

	Exhibit A.  DD Form 149, dated 06 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SP, dated 13 Sep 16.
Exhibit D.  Memorandum, SAF/MRBP, dated 22 Sep 16.
	Exhibit E.  Letter, SAF/MRBR, dated 3 Oct 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.