RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02574 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect the Air Force Commendation Medal (AFCM) he was awarded and any other medals and citations to which he may be entitled. ________________________________________________________________ APPLICANT CONTENDS THAT: He was awarded the AFCM for putting out a fire while refueling a KC-135A. In support of his request, the applicant provides a copy of his DD Form 214, Armed Forces of the United States – Report of Transfer or Discharge. His complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 11 Jul 1966 to 10 Jul 1970. His DD Form 214 reflects four years of total active service. Based on their review of his military personnel records, AFPC/DPSID was able to determine the applicant should have been awarded the Air Force Outstanding Unit Award (AFOUA), Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and the Vietnam Campaign Medal (VCM) during his service. Administrative correction of his military personnel records will be completed by AFPC/DPSOY upon the Board’s final decision. The Air Force Commendation Medal is awarded to members of the Armed Forces of the United States who, while serving in any capacity with the Air Force after 24 Mar 1958, shall have distinguished themselves by meritorious achievement and service. The degree of merit must be distinctive, though it need not be unique. The official documentation verifying award of a decoration is the special order. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the AFCM. DPSID states there is no documentation which indicates the applicant was awarded the AFCM. However, he may request this award under the provision of Title 10, Section 1130, United States Code. Therefore, all administrative avenues have not been exhausted. The complete DPSID evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 Aug 2012 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. While the OPR’s comments concerning the requirements of Title 10, United States Code, Section 1130 (10 USC § 1130), enacted as part of the Fiscal Year 1996 National Defense Authorization Act, are noted; we do not agree that such avenues must be first exhausted prior to seeking relief under the provisions of 10 USC § 1552. As previously noted by this Board in previous decisions concerning this issue, 10 USC § 1130 clearly states that, “…if at the request of a member of Congress…” an otherwise untimely decoration submission may be processed for consideration – it does not require that it must do so. Moreover, we find their interpretation of 10 USC § 1130 contradicts the very intent of Congress in establishing service correction boards 65 years ago, i.e., to remove their required involvement and avoid the continued use of private relief bills, in order to affect such corrections to military records. 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. In this respect, we note the OPR was able to determine the applicant’s entitlement to the AFOUA, RVNGC w/P, and the VCM; and have administratively corrected his records. Therefore, the only remaining issue before this Board concerns the AFCM. We have thoroughly reviewed the evidence of record and noted the applicant’s contention, and are not persuaded that he was previously awarded the AFCM. Although the applicant contends that he was awarded the AFCM for putting out a fire while refueling a KC-135A, he provides no corroborative evidence. Moreover, in the absence of a recommendation from someone other than the applicant, preferably in his former chain-of-command with firsthand knowledge of the event, we are also not convinced that he should be awarded the AFCM. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 5 Feb 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-02574: Exhibit A. DD Form 149, dated 7 Jun 2012, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 24 Jun 2012, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 30 Aug 2012. 2 2