RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01496

xxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be awarded the following:

a.	 The Joint Service Achievement Medal with one Bronze Oak Leaf Cluster.

b.	The Air Force Outstanding Unit Award with two Valor devices and six Bronze Oak Leaf Clusters.

c.	 The Joint Meritorious Unit Award with two Bronze Oak Leaf Clusters.

RESUME OF THE CASE

AF Forms 910, Enlisted Performance Report (AB thru TSgt), indicate the applicant was assigned to the XXXXXX Squadron for the periods of evaluation from 14 Oct 98 through 11 May 02.

On 22 Aug 02, NSA/CSS General Order XXXXX indicates the applicant was awarded the Joint Service Achievement Medal for the period of Jun 99 to Oct 02.

On 7 Aug 02, AF Form 899, Request and Authorization for Permanent Change of Station – Military, indicates the applicant was relieved from assignment from the XXXXX Squadron with a report no later than date to his new assignment of 30 Nov 02.

On 20 May 03, AF Form 910, Enlisted Performance Report (AB thru TSgt), indicates the applicant was assigned to Detachment 1 of the XXXXX Squadron for the period of evaluation from 12 May 02 through 11 May 03 with 130 days of supervision.

AF Forms 910, Enlisted Performance Report (AB thru TSgt), indicate the applicant was assigned to the XXXXX Squadron for the periods of evaluation from 12 May 04 through 11 May 06.

On 11 May 05, NSA/CSS General Order XXXXX indicates the applicant was awarded the Joint Service Commendation Medal for the period of 20 Aug 04 to 15 Nov 04.

On 20 Jun 07, Permanent Orders XXXX, provided by the applicant, indicates he was awarded the Joint Service Commendation Medal for the period of 15 Feb 07 to 1 Jun 07.

On 28 Mar 08, NSA/CSS General Order XXXXX, provided by the applicant, indicates he was awarded the Joint Service Achievement Medal for the period of Jun 06 to Oct 07.

On 17 Oct 07, the applicant separated from the Air Force in the grade of staff sergeant (E-5).   Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, reflects: Joint Service Achievement Medal; Air Force Outstanding Unit Award with Valor with three Bronze Oak leaf Clusters; Joint Meritorious Unit Award with one Bronze Oak Leaf Cluster, among other awards and decorations.

On 6 Mar 19, the applicant submitted a DD Form 149, Application for Correction of Military Records, requesting award of the Joint Service Achievement Medal with one Bronze Oak Leaf Cluster, the Joint Meritorious Unit Award with two Bronze Oak Leaf Clusters and the Air Force Outstanding Unit Award with two Valor devices and six Bronze Oak Leaf Clusters.

On 16 May 19, AFBCMR staff notified the applicant his request was forwarded to the Air Force Personnel Center (AFPC) for review and/or corrective action. Based on the foregoing, the applicant’s case was closed. The applicant was also notified if AFPC was unable to resolve his requests, his application would be resubmitted to the AFBCMR.

On 6 Oct 21, the Board received an AFPC/DP3SP advisory opinion stating they were able to verify award of the Air Force Outstanding Unit Award with Valor and four Bronze Oak Leaf Clusters and would administratively correct the applicant’s record.  In view of the applicant’s original contention and concerns expressed in his 6 Mar 19 application, the AFBCMR staff reopened his case in order for the Board to consider the requested awards.

AIR FORCE EVALUATION

AFPC/DP3SP recommends partially granting the applicant’s request for award of the Joint Service Achievement Medal with one Bronze Oak Leaf Cluster.  The applicant provided a signed certificate and General Order Number XXXXX, dated 28 Mar 08 for the Joint Service Achievement Medal, which appears to be authentic; however, the documents were not found in the applicant’s official military personnel record.  Citation and General Order Number D7-818-02, dated 22 Aug 02 for the Joint Service Achievement Medal was located in the applicant’s Military Personnel Records.

Notwithstanding the above, they were not able to verify award of the Joint Service Achievement Medal with one Bronze Oak Leaf Cluster, the Joint Meritorious Unit Award with two Bronze Oak Leaf Clusters and the Air Force Outstanding Unit Award, with two Valor Devices and one Silver Oak Leaf Cluster and one Bronze Oak Leaf Cluster.

DoDM 1348.33, Volume 4, Manual of Military Decorations and Awards: DoD Joint Decorations and Awards, paragraph 3.5 states in 1983, the Secretary of Defense established the Joint Service Achievement Medal to recognize outstanding achievement or meritorious service in joint duty activity.  The award criteria and eligibility requirements are as follows: (1) The Joint Service Achievement Medal is awarded in the name of the Secretary of Defense to members of the U.S. Armed Forces below the grade of O-6 who, while assigned to a joint duty activity after 3 Aug 83, distinguished themselves by outstanding performance of duty, meritorious achievement, or service. (2) Service members assigned or attached to a joint task force as individuals (not as members of a Service unit) may be eligible for the Joint Service Achievement Medal. Members of military-specific units (i.e., Army, Navy, Marine Corps, and Air Force) assigned or attached to a joint duty activity or joint task force are not eligible for the Joint Service Achievement Medal but retain eligibility for personal military decorations and unit awards from their respective Military Service.

Paragraph 3.6 states the Joint Meritorious Unit Award, originally called the DoD Meritorious Unit Award, was established by the Secretary of Defense on 4 Jun 81 and was authorized for retroactive award to 23 Jan 79.  The award criteria and eligibility requirements are as follows:  (1) The Joint Meritorious Unit Award is only awarded to joint units or joint duty activities.  To qualify, the joint duty activity must either report through combatant or combined command channels or pursue a joint mission under the cognizance of the Secretary of Defense; the Chairman of the Joint Chiefs of Staff; the commander of a unified, specified, or combined command that is also a joint command; or the Secretary of a Military Department that has been designated the Executive Agent for the Secretary of Defense;  (2) The Joint Meritorious Unit Award is awarded to units in recognition of exceptionally meritorious conduct in the performance of outstanding service for periods of performance normally ranging from 1 to 3 years, but not less than 30 days.  Outstanding accomplishment of a unit or joint duty activity’s normally assigned and expected mission is not sufficient to justify award of the Joint Meritorious Unit Award. The unit or joint duty activity’s qualifying achievements must be superior to what is normally expected and must have been performed under one of the following conditions: (a) During action in combat with an armed enemy of the United States; (b) In a declared national emergency situation; (c) Under extraordinary circumstances that involve national interests; (3) Joint units and activities, including joint task forces, are eligible for award of the Joint Meritorious Unit Award.  Members of military-specific units (i.e., Army, Navy, Marine Corps, and Air Force) assigned or attached to joint units, activities, or joint task forces, even if they are under the operational control of the joint unit, are not eligible for the Joint Meritorious Unit Award, but retain eligibility for unit awards from their respective Military Service; (4) The Joint Meritorious Unit Award will not be awarded to a joint unit or activity, including a joint task force, which has received any other unit award for the same achievement or period of service; (5) Only members of the U.S. Armed Forces who were present at the time and directly participated in the service or achievement for 30 days or more are eligible; (a) Members must have been permanently assigned or attached by official orders to the joint unit, activity, or joint task force receiving the Joint Meritorious Unit Award.  Assigned or attached (including temporary duty or temporary additional duty) status is determined by official orders that specify the joint unit, activity, or joint task force as the duty unit. They were unable to verify the applicant was assigned or attached to an additional unit to qualify for an additional Bronze Oak Leaf cluster for award of the Joint Meritorious Unit Award with one Bronze Oak Leaf Cluster.

Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A10.4 states the Air Force Outstanding Unit Award was established by Secretary of the Air Force on 6 Jan 54, to recognize numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units.  The Air Force Outstanding Unit Award may also be awarded for achievements of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force. 

The Air Force Outstanding Unit Award is awarded to numbered units such as air forces, air divisions, wings, groups, squadrons, provisional units, and medical facilities (i.e. hospitals, clinics, medical centers (numbered or unnumbered)).  Detachments, operating locations, training sites, and Air Force elements are often included in the parent unit’s award; however, they may be considered on their own merit or identified by the parent unit to share in the award, but not both.  Unnumbered units may not be nominated for the Air Force Outstanding Unit Award, however, they may be submitted for the Air Force Organizational Excellence Award. Units below squadron level are not eligible for the Air Force Outstanding Unit Award.  They were unable to verify the applicant was assigned to an additional unit that would qualify him for two additional Bronze Oak Leaf Clusters.

DoD Manual 1348.33-M, section C10.1.4 states a "V" (Valor) Device is a metallic bronze, letter "V" that represents valor.  It is worn on the suspension and service ribbon of the Joint Service Commendation Medal when the medal was awarded for acts or service involving direct participation in combat operations on or after 25 Jun 63. (When worn with gold stars, the "V" device is always worn centered on the service ribbon. When worn with oak-leaf clusters, the "V" device is worn to the wearer's right of the clusters.  Only one "V" device is worn, regardless of the number of times earned.  

They were unable to verify the applicant was assigned or attached to an additional unit to qualify him for an additional Bronze Oak Leaf Cluster for the Joint Meritorious Unit Award with one Bronze Oak Leaf Cluster, and for the additional two Bronze Oak Leaf Clusters for award of the Air Force Outstanding Unit Award with Valor and four Bronze Oak Leaf Clusters. To grant relief would be contrary to the criteria established by DoDM 1348.33 and AFMAN 36-2806.

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 2 Nov 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 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 substantiates the applicant’s contentions in part.  Specifically, the applicant has provided a copy of the order and citation, which is sufficient to justify granting the applicant’s request for award of the Joint Service Achievement Medal with one Bronze Oak Leaf Cluster.  In addition, AFPC/DP3SP will administratively correct the applicant’s Air Force Outstanding Unit Award with Valor and three Bronze Oak Leaf Clusters, to the Air Force Outstanding Unit Award with Valor and four Bronze Oak Leaf Clusters.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice.  As such, the Board finds no basis to recommend granting that portion of the applicant’s request.  In view of the foregoing, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the applicant be corrected to show:

	a. He was awarded the Joint Service Achievement Medal with one Bronze Oak Leaf Cluster 

	b. His DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 17 Oct 07 separation, be amended in Item 13, Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, to reflect the Joint Service Achievement Medal with one Bronze Oak Leaf Cluster.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2019-01496 in Executive Session on 16 Jun 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Mar 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 6 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 2 Nov 21.

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.