RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00445 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The Meritorious Service Medal (MSM) he received for Outstanding Achievement from 23 Jan 03 to 19 May 03 be upgraded to a Bronze Star Medal (BSM) for meritorious achievement. APPLICANT CONTENDS THAT: Per Air Force Instruction (AFI) 36-2803, The Air Force Awards and Decorations Program, the MSM is awarded for outstanding “non-combat” meritorious achievement. His existing MSM citation includes the word “combat” on several occasions and clearly identifies support to Operation IRAQI FREEDOM. AFI 36-3802 states the BSM is awarded for meritorious achievement or service while engaged in an action against an enemy of the US or while engaged in military operations involving conflict with an opposing foreign force. The award was clearly earned during a combat operation, however, was processed as a “non-combat” award. He believes immediate on- ground commanders were unaware they were authorized to process as a BSM. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard, as a Lieutenant Colonel (Lt Col)/O-5 per Special Order (SO) AA- 0000597. According to SO G-0395, dated 23 Dec 03, he was awarded the MSM for outstanding service from 23 Jan 03 to 19 May 03. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends the Board determine if the applicant’s act/achievement warrants upgrade to the BSM. While the BSM is awarded for service to members who were physically present within a designated combat zone, the MSM is also authorized for service within a designated combat zone but for service that does not rise to the level of the BSM. However, in our opinion, it does not appear there is an error or injustice. Based on the MSM citation it appears the applicant was appropriately recognized with award of the MSM. The Bronze Star Medal is governed by Executive Order 11046, which authorizes the Secretary of a Military Department to award the Bronze Star Medal to any person who, while serving in any capacity with the United States Armed Forces, distinguishes himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight; 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. DPSID was able to locate two sentences in the applicant’s MSM that contained the word “combat”: “The plan took into account critical time constraints required to meet combat effectiveness for incoming aircraft” and “The final product produced a lethal forward combat air base, fully capable of supporting all operational taskings.” Neither sentence states the applicant was engaged in combat. The applicant’s mission while deployed to a classified location in support of Operation IRAQI FREEDOM involved building a combat base, not actual combat. The applicant has not provided any documentation verifying he has exhausted administrative avenues by appealing to the original award approval authority, United States Central Command Air Forces. Furthermore, the applicant’s request is not timely as the act/achievement occurred more than 10 years ago. The complete DPSID evaluation is at Exhibit C. SAF/MRBP reviewed the applicant’s records, supporting documentation, and recommendation from AFPC/DPSIDR concluding the member was appropriately recognized for his accomplishments by means of the MSM. Both medals may be awarded for service in a combat zone allowing commanders to make those decisions based on the circumstances and facts presented at the time. The complete MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 31 Jul 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has 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, including attachments, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While we acknowledge the applicant’s request to upgrade his Meritorious Service Medal to a Bronze Star Medal, we do not believe he has provided evidence of an injustice as compared to others in his similar situation. We note it is a commander’s decision based on facts and circumstances at the time, as to whether an individual’s accomplishments would support award of the Bronze Star Medal. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-00445 was considered: Exhibit A. DD Form 149, dated 29 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 18 Apr 15. Exhibit D. Memorandum, SAF/MRBP, dated 17 Jul 15. Exhibit E. Letter, SAF/MRBR, dated 31 Jul 15.