RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02202

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  Issue the Bronze Star Medal (BSM) with Valor device, and accompanying citation, to reflect his rater’s comments from his AF Form 910, Enlisted Performance Report (AB thru TSgt), for reporting period 16 Apr 89 to 21 Feb 90.  These comments describe his actions against hostile forces while on temporary duty (TDY) to Panama in Dec 89 in support of Operation JUST CAUSE; additionally, the citation should reflect his proper rank (E-4) at the time of his actions.

2.  Amend his DD Form 214, Certificate of Release of Discharge from Active Duty, effective 1 Sep 92, to reflect award of the Armed Forces Expeditionary Medal (AFEM), which was issued to him on 20 Aug 90.

APPLICANT’S CONTENTIONS

The merits of his valor were not properly recognized as described in his referenced Enlisted Performance Report and in a letter from his former Operations Superintendent.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman basic (E-1).  

For the reporting period of 16 Apr 89 to 21 Feb 90, according to the applicant’s Enlisted Performance Report, he was ordered TDY to Panama in support of Operation JUST CAUSE.  During this period, his rater documented that the applicant’s quick reaction and ability to handle stressful situations aided in the neutralization of hostile forces, which had pinned the main gate guards; and that he detected and was responsible for the capture of an enemy mortar team.

On 15 Aug 90, the applicant was awarded the Air Force Commendation Medal (AFCM) for outstanding achievement, from the period of 12 Dec 89 to 13 Feb 90, for bravery under fire, expertise as a fire team leader, and keen patrolling techniques, which were key factors in the protection of facilities, priority resources, vital equipment, and U.S. personnel during Operation JUST CAUSE. 

On 3 Dec 19, the AFPC Recognition Team notified the applicant that it could not administratively correct his record since it was unable to verify award of the BSM with Valor device or the AFEM.  It informed the applicant that to reasonably consider his request for the BSM with Valor device, he needed to submit a complete decorations package to include:  a signed recommendation from someone, preferably within his chain of command with firsthand knowledge of the act/achievement; eyewitness statements; and a proposed citation with the narrative signed by the recommending official who was in his chain of command and had firsthand knowledge.  For the AFEM, the AFPC Recognition Team requested additional source documents (Exhibit C). 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

APPLICABLE AUTHORITY

DOD 1348.33-M, Manual of Military Decorations and Awards, Jul 90, Appendix A, paragraph 19, states 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 of service, not involving participation in aerial flight while: engaged in an action against an enemy of the U.S.; engaged in military operations involving conflict with an opposing foreign force; or serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party.  When the medal is awarded for heroism, a bronze letter “V” (for valor) is worn on the suspension and service ribbon of the medal.  

DOD 1348.33-M, Jul 90, Appendix E, states that the U.S. military operation in Panama for Operation JUST CAUSE was approved for award of the AFEM (see Exhibit F).

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application due to insufficient documentation verifying eligibility of the BSM with Valor or AFEM.  Correspondence was sent to the applicant requesting additional documentation (Exhibit C), however, a response was not received.  The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 26 Jul 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board agrees with the rationale and recommendation of AFPC/DP3SP against correcting the record and finds a preponderance of the evidence does not substantiates the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02202 in Executive Session on 19 Nov 20:

Mr. Panel Chair
Ms. Panel Member
Ms. Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Memorandum, AFPC Recognition Team, date 3 Dec 19.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 26 Jul 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 12 Aug 20.
Exhibit F:	Applicable Authority, (DOD Manual 1348.33-M extracts).

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.