RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02487 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Bronze Star Medal with Valor (BSM w/V) 2. He be awarded the Air Force Combat Action Medal (AFCAM) - withdrawn (See Exhibit E). _________________________________________________________________ APPLICANT CONTENDS THAT: The BSM w/V citation was never submitted by his commander who plagiarized his BSM w/V citation and subsequently his commander was awarded the BSM for the actions he performed. In support of his request, the applicant submits a personal statement and documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of major having assumed that grade effective 11 May 2003 and with a date of rank (DOR) of 28 October 2001. Examiner’s Note: Attempts to obtain a copy of the Commander Directed Investigation (CDI) were unsuccessful since the investigation has since been destroyed in accordance with governing instructions. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states on 3 August 2011, they provided the applicant with Air Force Form 3994, Recommendation for Decoration Deployment/Contingency Operations, and instructions so that he could submit his request for entitlement to the AFCAM to the United States Air Force Central (AFCENT) for determination. The applicant received award of the Air Force Commendation Medal (AFCM) for his service at Camp Champion, Iraq, from 4 December 2003 to 15 February 2004 per Special Order G-0336. Award of the AFCM has already been made; therefore, award of the BSM w/V would be considered dual recognition. In correspondence dated 3 July 2007 signed by the Vice Commander, 9th Air Force, according to the Commander Directed Investigation directed by the 9th Air Force Commander the allegations raised by the applicant were found to be unsubstantiated and the commander’s decision to submit the applicant for award of the AFCM as opposed to the BSM w/V was within his discretion as the applicant’s commander. In correspondence dated 17 February 2011 the SAF/IGQ investigation considered the matter closed and advised the applicant of his option to petition the AFBCMR. DPSIDRA is unable to verify an injustice exists. The DPSIDRA complete evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he has not exhausted all of his remedies in regard to the AFCAM. He no longer desires the AFBCMR to consider his request for award of the AFCAM. The BSM w/V citation that was drafted for him and fraudulently omitted was for heroism involving acts of personal valor in Iraq in 2008. The Board should note that the proposed BSM w/V citation did not include any other non-valor tour accomplishments and was not intended as an end-of-tour award for outstanding achievement. AFI 36-2803 (2.4.3) and USAFCENT Decoration Guidebook (2.8) clearly indicates that a service member can receive two different category awards encompassing the same time period, provided that the same facts are not used. The evidence provided documents that his tour accomplishments were intentionally divided into valor and achievement categories. The AFCM received was an end-of-tour award based on his non-valor accomplishments which the evidence shows were separately documented from the valor actions. The applicant’s complete response is at 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 error or injustice that would warrant action by the Board. We note the applicant’s contentions that the BSM w/V for heroism was fraudulently omitted; however, we are not persuaded by the evidence submitted that this Board should award him the BSM w/V on the basis of error or injustice. While we are unable to review the results of the CDI firsthand, we note that the results are documented and indicate that the applicant’s allegations of unfair treatment were not substantiated. In the absence of such independent evidence confirming that the commander acted improperly and exceeded his discretionary authority, the evidence presented is simply insufficient to recommend the relief the applicant seeks. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. However, we have been advised by AFPC/DPSIDRA that the applicant could be submitted for the BSM w/V by his current commander contingent on the award recommendation meeting the criteria outlined in the governing instruction. 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 an 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-2011-02487 in Executive Session on 11 April 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-02487 was considered: Exhibit A. DD Form 149, dated 5 June 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSIDRA, dated 3 August 2011, w/atch. Exhibit D. Letter, SAF/MRBR, dated 26 August 2011. Exhibit E. Letter, Applicant, dated 13 September 2011.