RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02357
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Defense Meritorious Service Medal (DMSM) awarded for 
meritorious service for the period 13 Aug 10 to 12 Aug 11, be 
upgraded to a Bronze Star Medal (BSM). 

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APPLICANT CONTENDS THAT:

His decoration was processed 90 days prior to his deployment 
completion and did not capture a combat operation that resulted 
in a combat related injury.

The DMSM was drafted for final submission prior to a significant 
event which should warrant a BSM.  An insurgent gained entry to 
his Forward Operating Base (FOB) and he was tasked to locate him 
in a full scale search.  He received a head injury during an 
interior search of a bunker that resulted in many post-
deployment surgeries.  Department of Defense 1348.33, Volume 3, 
Manual of Military Decorations and Awards: DoD-Wide Performance 
and Valor Awards; Foreign Awards; Military Awards to Foreign 
Personnel and U.S. Public Health Service Officers; and 
Miscellaneous Information, states the BSM is awarded to any 
person who while serving in any capacity in the US Army who has 
distinguished, himself by heroic or meritorious 
achievement/service, while engaged in military action/operations 
against the enemy and he meets this criteria.

In support of his request, the applicant provides copies of 
witness statements, his DMSM citation with certificate, an 
excerpt from DoD 1348-33, and SF Form 600, Chronological Record 
of Medical Care. 

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

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade 
of major. 

According to DoD 1348-33, Vol 3, the BSM is awarded to any 
person who, while serving in any capacity with the Armed Forces 
of the United States, after 6 Dec 41, who distinguishes, or has 
distinguished, himself or herself by heroic (valorous) or 
meritorious achievement or service, not involving participation 
in aerial flight; while engaged in an action against the enemy 
of the United States; while engaged in military operations 
involving conflict with an opposing foreign force; or while 
serving with friendly foreign forces engaged in an armed 
conflict against an opposing armed force in which the United 
States in not a belligerent party.  In addition it is awarded 
for valor in combat to a lesser degree than required for award 
of the Silver Star and for meritorious achievement or service 
during armed conflict that are of a lesser degree than that 
required for award of the Legion of Merit. 

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states they were unable to 
locate a Special Order, citation, or recommendation for award of 
the BSM.  

The applicant was awarded the DMSM for exceptionally meritorious 
service for the period 13 Aug 10 to 20 Aug 11, per Department of 
the Army Permanent Order J-11-174-015, dated 2 Jul 11.

The applicant did not include a recommendation or proposed 
citation for a BSM, and DPSID was unable to locate official 
documentation that he contacted the original approval authority 
in respect to upgrading his DMSM in an effort to exhaust his 
administrative channels prior to appealing to the Air Force 
Board for Correction of Military Records (AFBCMR).

The DMSM is the decoration approved by the approval authority.  
The applicant’s package is incomplete as he has provided no 
recommendation or proposed citation for the BSM.

The applicant has not demonstrated an error or injustice caused 
by award of the DMSM.

The complete DPSID evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 Aug 13, for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office. 

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THE BOARD CONCLUDES THAT:

1.  The applicant has not exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

2.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  In this 
respect, we note this Board is the highest administrative level 
of appeal within the Air Force.  As such, an applicant must 
first exhaust all available avenues of administrative relief 
provided by existing law or regulations prior to seeking relief 
before this Board, as required by the governing Air Force 
Instruction.  The Air Force office of primary responsibility has 
reviewed this application and indicated there is an available 
avenue of administrative relief the applicant has not first 
pursued.  In view of this, we find this application is not ripe 
for adjudication at this level, as there exists a subordinate 
level of appeal that has not first been depleted.  Therefore, in 
view of the above, we find no compelling 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 Docket Number    
BC-2013-02357 in Executive Session on 4 and 5 Mar 14, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member







The following documentary evidence regarding AFBCMR Docket 
Number BC-2013-02357 was considered:

    Exhibit A.  DD Form 149, dated 7 May 13, w/atchs.
    Exhibit B.  Applicant’s Available Master Personnel Record.
    Exhibit C.  Letter, AFPC/DPSID, dated 1 Jul 13.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 13.




								
								Panel Chair

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