RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01164

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Air Medal with eight Oak Leaf Clusters be upgraded to the Distinguished Flying Cross (DFC).

APPLICANT CONTENDS THAT:

He was not awarded the DFC due to an injustice by the deployed Expeditionary Operations Group (EOG) commander.  He was advised by AETC [sic] Awards and Decorations at Randolph AFB to submit a request to the Air Force Board for Correction of Military Records (AFBCMR) based on the prejudice shown against heavy drivers. 

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Major (O-4).

According to the documentation provided by the applicant:

	1. On 5 Nov 12, the applicant’s deployed EOG commander sent an e-mail stating, “This doesn’t look like a DFC to me, not just because its during landing phase, but it doesn’t meet the extraordinary level required for a DFC” and “I can’t say that I agree with a heavy driver receiving the DFC.”

	2. On 27 Dec 12, the applicant’s deployed squadron’s Director of Operations sent an e-mail stating, “He’s (EOG commander) not a fan of giving big decorations to heavy drivers.”

3. On 10 Jan 13, the applicant submitted an AF Form 3994, Recommendation for Decoration, for award of the DFC for a period of achievement of 27 Feb 11.

On 30 Apr 13, the applicant was awarded the Air Medal with eight Oak Leaf Clusters for his meritorious achievement on 27 Feb 11, as evidenced by United States Air Force Central Command Special Order G-23989.

In support of the applicant’s request, he provided 11 letters consisting of recommendations, supplemental information and an eyewitness statement, to include a letter from his deployed squadron commander at the time.

The Air Medal may be awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 Sep 39, distinguishes himself or herself by meritorious achievement while participating in an aerial flight.  The Air Medal may be awarded for combat or non-combat action in recognition of single acts of valor, heroism or merit while participating in aerial flight.  Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight.

The DFC is awarded to any officer or enlisted person of the armed forces of the United States who shall have distinguished her/himself in actual combat in support of operations by heroism or extraordinary achievement while participating in an aerial flight, subsequent to Nov. 11, 1918. 

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

AIR FORCE EVALUATION:

AFHRA/RS does not provide a recommendation.  AFHRA records for United States Air Force Central Command (USAFCENT) and the 451st Air Expeditionary Wing between 2011 and 2013 do not include decoration recommendations or orders for decorations for individuals.  However, their records do include documents that contain statistics about decorations and listing of individuals receiving awards.  AFHRA, therefore, has no basis for making a recommendation to approve or disapprove the applicant’s request and they have no records that reveal evidence of a bias on the part of the EOG commander when the recommendation for decoration was being drafted.   

In accordance with the USAFCENT Evaluation, Decoration, and Performance Recommendation Form Processing Guide & UDPU [USAFCENT Decoration Processing Unit] Decoration Guide, dated 1 Oct 12, “For individuals who deploy, the deployed chain of command originates and endorses the AF Form 3994 as senior leaders are in the best position to judge the contributions of the members under their authority.  Therefore, decorations submitted in accordance with (IAW) the following “approval authority” guidance will be processed as if they were already approved by COMUSAFCENT.”  

Additionally, the Guide notes, “recommendations for single event AMs, MSMs and above must be endorsed by the deployed Wing/CC.”  Endorsing officials had an opportunity to approve, downgrade, upgrade or disapprove the recommendation (Form 3994), but the applicant’s decoration recommendation for the Air Medal arrived at USAFCENT meeting the requirements prescribed for approval.  Records do not reveal whether or not the applicant’s Recommendation for Decoration was reviewed by USAFCENT Decorations Board.  The recommendation presented to USAFCENT was apparently one for an Air Medal, and it was approved.

A complete copy of the AFHRA/RS evaluation, with attachments, is at Exhibit C.

AFPC/DP2SP recommends denying the applicant’s request, indicating there is no evidence of an error or injustice.  After a thorough review of the applicant’s official military personnel record and the documentation provided by the applicant, they were unable to verify upgrade of the Air Medal with one Silver Oak Leaf Cluster and three Bronze Oak Leaf Clusters to the DFC.  The applicant’s decoration recommendation presented to the United States Air Force Central Command Decorations Board was apparently for an Air Medal and was approved.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 18 Sep 17, for review and comment within 30 days (Exhibit E).  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 timely filed.

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 opinion and recommendation of AFPC/DP2SP and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2016-01164 in Executive Session on 9 Nov 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Mar 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFHRA/RS, dated 18 Apr 17, w/atchs.
Exhibit D.  Memorandum, AFPC/DP2SP, dated 2 Aug 17.
	Exhibit E.  Letter, AFBCMR, dated 18 Sep 17, w/atchs.

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.