RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02456 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Defense Meritorious Service Medal (DMSM) be changed to reflect he was awarded the Bronze Star Medal (BSM). APPLICANT CONTENDS THAT: The DMSM is awarded in the name of the Secretary of Defense to any active duty member of the U.S. Armed Forces, who, while serving in a joint activity, distinguishes himself or herself by non-combat meritorious achievement or service. His record shows exceptionally meritorious combat service while deployed in support of Operation Enduring Freedom for a period of just over six months. Due to past abuses, a hostile joint and Air Force staff environment prevented airmen who were deployed for less than one year from being submitted for a BSM. Thus, he was submitted and approved for a DMSM. There is no duration requirement for the BSM. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Regular Air Force from 26 June 1998 through 30 November 2012. He is currently serving in the Air Force Reserves as a lieutenant colonel. He was awarded the Defense Meritorious Service Medal per International Security Assistance Force Joint Command, Permanent Order 130-01, dated 10 May 2010, for exceptionally meritorious service while assigned to a joint activity from 12 November 2009 to 15 May 2010. AIR FORCE EVALUATION: AFPC/DPSID recommends approval. The BSM is awarded to any person who, after 6 December 1941, while serving in any capacity with the Armed Forces of the United States, distinguishes himself or herself by heroic or meritorious achievement or service, not involving participating in aerial flight, under any of the following circumstances: while engaged in an action against an 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 is not a belligerent party. The DMSM is awarded in the name of the Secretary of Defense to any active duty member of the United States Armed Forces who, while serving in a joint activity, distinguishes himself or herself by non-combat meritorious achievement or service. The meritorious service is generally for a period of time greater than 12 months and encompassing an individual's entire joint assignment, including any extensions. The required achievement or service, while of a lesser degree than that required for award of the Defense Superior Service Medal, must have been accomplished with distinction. Service members assigned and/or attached to a Joint Task Force as individuals (not as members of a service unit) may also be eligible for the DMSM. Members of service-unique units assigned and/or attached to a Joint Task Force retain eligibility for award of personal decorations from their parent services. They may not be awarded Defense/Joint decorations. The DMSM shall only be awarded to members of the United States Armed Forces who, after 3 November 1977, distinguished themselves by non-combat meritorious achievement or service. The DMSM is specifically intended to recognize exceptionally meritorious service performance and to honor an individual's accomplishments over a sustained period. Only under the most unusual circumstances will the DMSM be awarded as an impact award for outstanding temporary duty achievement. The DMSM will not be awarded for any period of service for which a Military Department medal is awarded. AFPC/DPSID was unable to verify the upgrade of the Defense Meritorious Service Medal to the Bronze Star Medal. The applicant did not provide a recommendation from someone with firsthand knowledge of the act or achievement and preferably in his direct chain of command, a proposed citation, or eyewitness statements from those who saw the applicant's act/achievement. The applicant did not provide a signed recommendation, proposed citation or eyewitness statements; however, after reviewing the DMSM citation, it appears the BSM (a combat decoration) is the more appropriate level of decoration to recognize the applicant's act/achievement in a combat zone than the DMSM (a noncombat decoration). The complete AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP recommends the BCMR seek an advisory from USAFCENT/A1 and their decorations board. SAF/MRBP concurs with AFPC/DPSID’s opinion that the DMSM, a non-combat award, was not appropriate for the member’s deployed service. SAF/MRBP also concurs that the applicant did not provide a recommendation from his chain of command, or from someone with first-hand knowledge of his actions, that would justify awarding the BSM. Although AFPC/DPSID states a BSM is the more appropriate level of recognition for a combat zone and recommends approval, it could not be determined if the BSM is appropriate. The complete SAF/MRBP evaluation is at Exhibit D. CENTCOM recommends denial. The applicant was recommended for a DMSM, not a BSM. The medal was not downgraded and the supervisor has the discretion to choose the appropriate award for their subordinates. Army rules state the recommender would have to request revocation of the DMSM and resubmit the member for the BSM with justification as to why they did not submit him for the higher award from the beginning. The complete CENTCOM evaluation, with attachments, is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted statements from his direct supervisor and a witness statement from a superior officer with whom he served while on this tour of duty. The applicant’s complete response, with attachments, is at Exhibit G. THE BOARD CONCLUDES THAT: 1. The applicant has not exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case. While we note the opinion and recommendation of AFPC/DPSID to grant the application and SAF/MRBP’s concurrence the BSM seems to be the appropriate award; we are not persuaded that relief is warranted at this time. 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. CENTCOM has reviewed this application and noted the applicant has not appealed through the original chain of command. CENTCOM noted the original recommender of the DMSM must request the award be revoked and justify to that chain why the applicant was not recommended for the higher award. In view of this, we find this application is not ripe for adjudication at this level, as there is a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no basis to recommend granting this portion of the applicant’s request. 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 issues involved. Therefore, the request for a hearing is not favorably considered. 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. The following members of the Board considered AFBCMR Docket Number BC-2014-02456 in Executive Session on 5 March 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Jun 14, w/atchs. Exhibit B. Applicant’s Master Personnel Record Excerpts. Exhibit C. Letter, AFPC/DPSID, dated 22 Aug 14. Exhibit D. Letter, SAF/MRBP, undated. Exhibit E. E-mail, CENTCOM, dated 5 Nov 14, w/atchs. Exhibit F. Letter, SAF/MRBR, dated 26 Jan 15. Exhibit G. Letter, Applicant’s Response, dated 23 Feb 15, w/atchs.