RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05503 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the following medals: 1. The Air Force Commendation Medal (AFCM). 2. The Cold War Medal. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He should have been awarded the AFCM prior to separating from the Air Force. The applicant provides no documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 15 April 1975. On 14 August 1979, the applicant was honorably released from active duty and transferred to the Air Force Reserve. He served a total of 4 years and 4 months on active duty and was credited with 2 years, 4 months and 5 days of foreign and/or sea service. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states the AFCM is awarded to members of the Armed Forces of the United States who, while serving in any capacity with the Department of the Air Force after 24 March 1958, shall have distinguished themselves by meritorious achievement and service. The Cold War Medal is a commemorative medal. These medals are primarily celebratory display medals rather than official awards or decorations of the United States Air Force and Department of Defense. A certificate may be obtained online at: https://www.hrc.army.mil/site/active/tagd/coldwar/default.htm. Or write to the USAHRC, Cold War Recognition Program, ATTN: AHRC-PDA-A, Department 480, 1600 Spearhead Division Avenue, Fort Knox KY 40122-5408, (502) 613-9126. After a thorough review of the applicant’s official military personnel record DPSID was unable to locate official documentation verifying the applicant was awarded the AFCM. They were also unable to verify any additional awards or decorations the applicant may have been awarded during his active duty service. Retroactive recommendations for awards for retirees/veterans beyond the two year time limitation may be submitted in accordance with Title 10, United States Code, Section 1130 (10 USC § 1130). The law allows for the submission of award recommendations (and the upgrading of previously approved awards) without regard to any previously imposed time constraints for submission if referred by a Member of Congress. Under the provision of this law requests must be referred to the Secretary of the Air Force by a Member of Congress through the Secretary of the Air Force Liaison Office (SAF/LL). Additionally, the burden and costs for researching and assembling documentation to support award recommendations rest with the requester. Once received, a determination will be made as to the decoration or any other determination necessary to comply with the provisions of the statute. The applicant has not exhausted all avenues of administrative relief. Nonetheless, should the board determine the applicant has exhausted all avenues of administrative relief, they recommend denial based on lack of official documentation in his official military personnel records verifying the applicant was recommended for and awarded the AFCM. Additionally, the applicant has not provided justification or supporting documentation that reflects he was eligible for award of the AFCM nor did he provide evidence of an error or an injustice. The DPSID complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 24 February 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, no response has been received by this office. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has not 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. The applicant’s contentions are duly noted; however, after reviewing the evidence of record, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not exhausted all avenues of administrative relief. We agree. In this respect, we note the applicant should pursue his request for the AFCM through the provisions outlined in 10 USC § 1130. With respect, to his request for the Cold War Medal, since it is a commemorative medal, it is not awarded by the Air Force and the applicant may apply for the certificate online, as noted by the OPR. Concerning his request for, “Any other medals he may have earned during his active duty service,” the OPR was unable to verify any additional awards or decorations he may have been awarded during his active duty service. We also note the applicant has failed to provide sufficient documentation to indicate he is entitle to any awards other than those already reflected on his DD Form 214.Therefore, 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 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-2012-05503 in Executive Session on 22 August 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05503 was considered: Exhibit A. DD Form 149, dated 20 November 2012. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 25 January 2013. Exhibit D. Letter, SAF/MRBR, dated 24 February 2013. 4 3