RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-03384

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The Meritorious Service Medal (MSM) he received for his deployment to Iraq, for the period 1 Jan 08 to 3 May 08, be changed to a Bronze Star Medal (BSM).

APPLICANT’S CONTENTIONS

He was awarded an MSM for combat related duties.  However, in accordance with Air Force guidance, an MSM is awarded for outstanding meritorious achievement during non-combat.  Whereas, a BSM is awarded for meritorious service, while engaged in an action against an enemy of the United States.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve chief master sergeant (E-9).

He was awarded the MSM for the period 1 Jan 08 to 3 May 08, for outstanding achievement at Balad Air Base, Iraq.

On 20 Sep 19, the AFPC Recognition’s office provided the applicant a memorandum explaining that in order to reasonably consider his request he would need to submit a complete decoration package to include a signed recommendation from someone with firsthand knowledge of the act/achievement and a proposed citation.  They advised the applicant he had 30 days to provide additional documentation.  As of this date no additional documentation has been received.

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

APPLICABLE AUTHORITY

DoDI 1348.33, DoD Military Decorations and Awards Program, states the BSM may only be awarded, in accordance with Section 1133 of Title 10 United States Code (U.S.C.), Bronze Star: Limitation on Persons Eligible to Receive.  While the BSM minimum established criteria may have been met, the DoDI gives authority for the services to determine additional criteria for administrative, awarding and processing of the BSM.  Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph 3.24.7.  states, “No member is automatically entitled to a decoration upon a permanent change of station, permanent change of assignment, retirement, separation, completion of a temporary duty, or reaching or achieving other career points at which a decoration may be expected or customarily awarded.”  Furthermore, the Secretary of the Air Force delegated approval authority and full discretion of awarding the BSM for Combat Operations within his/her Area of Responsibility (AOR) to the Commander, Air Force Central Command (AFCENT).  Accordingly, AFCENT initiated convening decoration boards to review nominations to ensure consistency for combat operations within their AOR.  

Although an Airman may meet the basic criteria of any military medal, the action is still subject to review by the approving official to determine if the award should or should not be approved.  This is the responsibility of the senior leaders within the Air Force and the Department of the Air Force as delegated authority is granted to these senior leaders.  In addition, although some may determine the BSM and the MSM are of equal value, the order of precedence places the BSM above the MSM as determined by the Department of Defense.  Therefore, if an Airman was awarded the MSM, a latter request that the MSM be changed to a BSM reviewed by most as an upgrade, although the argument could be made they are equal.  Finally, the awarding of the BSM has been under review by congressional leaders over the past decade and modifications to the criteria has been changed to maintain the prestige of the BSM.    

DoD Manual 1348.33, Volume 3, Manual of Military Decorations and Awards:  DoD-Wide Personal Performance and Valor Decorations:

Paragraph 3.6., Bronze Star Medal, 

	1.  May be awarded to any person who, while serving in any capacity in or with the Army, Navy, Marine Corps, or Air Force of the United States, after 6 Dec 41, distinguishes or has distinguished himself or herself by valor, or meritorious achievement or service, not involving participation in aerial flight: 

(a) While engaged in an action against an enemy of the United States; 

(b) While engaged in military operations involving conflict with an opposing foreign force; or 

(c) 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. 

2.  The required valor, while of a lesser degree than that required for award of the Silver Star Medal (SSM), must nevertheless have been performed with marked distinction.  When the BSM is awarded for valor, the “V” device will be authorized. 

3.  The BSM may also be awarded for meritorious service under combat conditions that is of a lesser degree than that required for award of the Defense Meritorious Service Medal (DSSM) or LOM.  However, for meritorious service that ended on or after 7 Jan 16, the BSM may only be awarded if during the period, the awardee was exposed to hostile action, or was at significant risk of exposure to hostile action.  Otherwise the appropriate award would be either the Defense Meritorious Service Medal (DMSM) or the MSM. 

4.  After 30 Oct 00, in accordance with Section 1133 of Title 10, United States Code (U.S.C.), the BSM may only be awarded to a member of a military force who: 

(a) At the time of the events for which the decoration is to be awarded, was serving in a geographic area in which hostile fire pay or imminent danger pay was authorized in accordance with Section 310 of Title 37, U.S.C., or hazardous duty pay in accordance with paragraph (1) or (3) of Section 351(a) of Title 37, U.S.C.; or 

(b) Receives hostile fire pay or imminent danger pay in accordance with Section 310 of Title 37, U.S.C., or, hazardous duty pay in accordance with Paragraph (1) or (3) of Section 351(a) of Title 37, U.S.C., as a result of the action or events justifying award.

Paragraph 3.8, Meritorious Service Medal,

1.  The MSM, with accompanying ribbons and appurtenances, authorized by Executive Order (E.O.) 11448, may be awarded by the Secretary of the Military Department concerned, to any Service member, or to any member of the armed forces of a friendly foreign nation, who has distinguished himself or herself by outstanding meritorious achievement or service. 

2.  The MSM may be awarded for outstanding achievement or service while serving in a combat zone, combat zone tax exclusion areas, and areas authorized for hostile fire pay, imminent danger pay, or hazardous duty pay; however, the BSM is the appropriate equivalent level award to recognize meritorious achievement or service performed under combat conditions.  Accordingly, the “C” device is not authorized for award on the MSM. 

3.  The MSM for specific achievement may be awarded with the “R” device to distinguish that the award was earned for the direct hands-on employment of a weapon system or other warfighting activities that had a direct and immediate impact on a combat operation or other military operation (i.e., outcome of an engagement or specific effects on a target), including Title 10, U.S.C., support of non-Title 10 operations, and operations authorized by an approved execute order.  To be designated as such, the action must have been performed through any domain, in circumstances that did not expose the individual to hostile action, or place him or her at significant risk of exposure to hostile action on or after 7 Jan 16, under one of the following conditions: 

(a)  While engaged in military operations against an enemy of the United States; 

(b)  While engaged in military operations involving conflict against an opposing 			foreign force; or 

(c)  While serving with friendly foreign forces engaged in military operations with 		an opposing armed force in which the United States is not a belligerent party.

DoD Instruction 1348.33, DoD Military Decorations and Awards Program, Table 1:

MSM is not authorized the “V” and “C” devices.  This medal is of equivalent level to the BSM.  Accordingly, if the achievement or service was performed under combat conditions, the BSM is the appropriate award.

BSM is authorized the “V” device, but not the “C” device.  All awards for non-valorous achievement or service must satisfy the requirements for personal exposure to hostile action or significant risk of exposure to hostile action.

USAF Central Command, Awards and Decorations Guidebook, paragraph 2.7., “C” Device – Combat:  Meritorious service or achievement performed under combat conditions on or after 7 Jan 16.  The “C” device is only authorized if the service or achievement was performed while the member was personally exposed to hostile action, or was at significant risk of exposure to hostile action.  The C device cannot be awarded with an MSM since the BSM is an MSM given when exposed to C device risk criteria (i.e. MSM w/C=BSM).  

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After a thorough review of the official military personnel record upgrade of the MSM to the BSM is unable to be verified or awarded, based on the official record and the documentation provided by the applicant.  The BSM is governed by Executive Order 11046, which authorizes the Secretary of a Military Department to award the BSM 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.  The chain-of-command was in the best position to determine the appropriate level of recognition.  While military decorations are not automatic depending on the location or circumstances, each decoration is individually based and is determined by the appropriate approval authority.  Therefore, to grant approval would circumvent the chain-of-command determination/decision at the time of the act, achievement, period of service and contrary to the criteria established by law.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 19 Oct 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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 concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Although the applicant believes the MSM is not the appropriate medal for service in a combat area, the approving official reviewed the justification for the award and determined the MSM was the appropriate award.  The applicant’s service and sacrifice to his country is noted; however, insufficient evidence has been presented to overturn the approval authority’s decision.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, 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-2018-03384 in Executive Session on 17 Dec 20:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 9 Oct 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 12 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 Oct 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2018-03384, as required by AFI 36-2603, paragraph 4.11.9.