RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04335 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Bronze Star Medal (BSM) _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was subjected to working in a hostile environment for over a year while enforcing the Panama Canal Treaty during the Noriega Regime. He was not recognized for all the work he did to enforce the Treaty, which was under extremely hostile conditions during the period of 1 Jan 88 to 31 Dec 89. He also performed unclassified and classified operations for the United States Southern Command (USSOUTHCOM) Commander that placed him and his team in extreme danger. 2. He believes the award was overlooked by the senior staff due to Operation JUST CAUSE. Awarding this medal does not cost the government anything, but will make the situation right. It will not gain a promotion; however, it will recognize him and his team for what was accomplished. 3. Names and places regarding the specific incidents cannot be exactly recalled, but were logged in at the Joint Operations Center (JOC), HQ USSOUTHCOM, while the command was located in the Republic of Panama. He believes the USSOUTHCOM historical office might keep those records because of their importance in supporting Operation JUST CAUSE. His complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Regular Air Force on 31 Dec 02. The BSM is awarded to a person in any branch of the military service who, while serving in any capacity with the Armed Forces of the United States on or after 7 Dec 41, shall have distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. The award recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the Silver Star. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. All avenues have not been exhausted for retroactive requests for the award as well as the request for consideration is incomplete. Further, there was no documentation verifying the applicant was recommended for and awarded the BSM. The following information should be included in a request for award consideration: 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 DPSID evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Nov 12 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 effect 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 an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded the fact that he has not been awarded a BSM, renders him the victim of an error or injustice. The narrative recommendation provided in support of this request is duly noted; however, it does not persuade us the applicant’s actions during the inclusive periods of the requested award, meet the criteria for award of the BSM. Moreover, the applicant has not provided any statements from members of his former chain-of-command, supporting his request. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 AFBCMR Docket Number BC-2012-04335 in Executive Session on 16 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for BC-2012-04335 was considered: Exhibit A. DD Form 149, dated 18 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 3 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12.