RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03234 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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THE APPLICANT REQUESTS THAT: 

 

He be awarded the Air Force Commendation Medal (AFCM). 

 

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THE APPLICANT CONTENDS THAT: 

 

He earned the AFCM; however, it is not reflected on his DD Form 
214, Report of Separation from Active Duty, issued in 
conjunction with his 16 May 75 separation. 

 

His airman performance report (APR) closing 29 May 73 validates 
his recommendation for the AFCM during this period. 

 

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

 

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STATEMENT OF FACTS: 

 

Based on the available record, the applicant was discharged 
effective 16 May 75. He was credited with seven years, one 
month, and one day of active duty service, including one year 
and nine months of foreign service. 

 

The applicant’s APR rendered for the period, 28 May 72 through 
27 May 73 reflects that he was recommended for award of the AFCM 
during this period. 

 

His records will be administratively corrected to reflect award 
of the Presidential Unit Citation (PUC), the Republic of Vietnam 
Gallantry Cross, with Palm (RVNGC, w/P), and the Vietnam Service 
Medal, with One Bronze Service Star, (VSM, w/1BSS). 

 

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THE AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial. Official documentation verifying 
the applicant was awarded the AFCM could not be located. All 
administrative avenues have not been exhausted for a retroactive 
request for award of the Air Force Commendation Medal. For a 
completed package, the following information should be included: 


a signed recommendation from someone with firsthand knowledge of 
the act or achievement, eyewitness statements attesting to the 
act(s) of outstanding meritorious achievement or service 
performed, sworn affidavits, certificates, and any other related 
documentation; a referral by a Member of Congress, and a 
proposed citation. 

 

The complete AFPC/DPSID evaluation, with attachment, is at 
Exhibit C. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 9 Nov 12 for review and response. As of this date, 
no response has been received by this office (Exhibit D). 

 

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THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. We note the OPR advisory comments 
concerning the requirements of Title 10, United States Code, 
Section 1130 (10 U.S.C. § 1130), enacted as part of the Fiscal 
Year 1996 National Defense Authorization Act. However, we do 
not agree that such avenues must be first exhausted prior to 
seeking relief under the provisions of 10 U.S.C. § 1552. The 
relief offered under 10 U.S.C. § 1130 is a statutory remedy, not 
administrative relief. Therefore, principles of administrative 
law requiring exhaustion of administrative remedies are 
inapplicable here. Moreover, as previously noted by this Board 
in decisions concerning this issue, 10 U.S.C. § 1130 clearly 
states that, “Upon request of a member of Congress…the Secretary 
shall make a determination as to the merits of approving the 
award…” – however, it does not require that an applicant must do 
so prior to submitting a request under the provisions of 10 
U.S.C. § 1552. Finally, we find the OPR's interpretation of 10 
U.S.C. § 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 to warrant 
awarding the AFCM. After thoroughly reviewing the evidence of 
record and noting the applicant’s contention, we are not 
persuaded that his records should be corrected to show that he 
is a recipient of the AFCM. Although the applicant’s APR, 


closing 29 May 73, confirms that he was recommended for the 
AFCM, the applicant’s records and the documentation he has 
provided in support of his appeal, do not substantiate the 
recommendation was approved. In view of this and since the 
applicant has not provided a reconstructed recommendation 
package for us to consider, we find that he has failed to meet 
his burden of establishing an error or injustice in his records 
to warrant awarding the AFCM. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application. 

 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-03234 in Executive Session on 9 May 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Jul 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSID, dated 3 Nov 12, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12. 

 

 

 

 

 Panel Chair