RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00158
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 10 July 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
Her approved Joint Service Commendation Medal (JSCM) be upgraded to the
Defense Meritorious Service Medal (DMSM) for her tour with the Department
of Defense Office of the Inspector General (IG), from May 2004 to May 2006.
________________________________________________________________
APPLICANT CONTENDS THAT:
There is an inequity in her end of tour medal. The citation write-up was
not in line with the written narration or with the two Officer Performance
Reports (OPRs) she received while at the IG office. The citation seems to
have been down graded from a DMSM to a JSCM by her supervisor (the author),
and her OPRs clearly show she deserves a DMSM.
The narrative should merit a DMSM, yet, due to a personality conflict, her
prior supervisor did not highlight the many powerful statements/results
that could have been used.
In support of her appeal, she has provided copies of the JSCM Citation, the
JSCM award, the Narrative Justification for her end of tour medal, OSD
order number 06-155, dated 4 August 2006, and her OPRs for the periods 8
April 2004 through 7 April 2005, and 8 April 2005 through 7 April 2006.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently on active duty serving in the grade of lieutenant
colonel. She was awarded the JSCM by OSD special order number 06-155,
dated 4 August 2006.
The DMSM is awarded in the name of the Secretary of Defense to members of
the Armed Forces of the United States who, after 3 November 1977,
distinguish themselves by non-combat meritorious achievement or service.
It is specifically intended to recognize exceptionally meritorious service
performance, and to honor an individual’s accomplishments over a sustained
period. The DMSM shall take precedence before the Military Services’
Meritorious Service Medal (MSM). DoD 1348.33-M, September 1996,
C3.4.3.3.1, designates the agencies that have been delegated the authority
to award the DMSM.
The JSCM is awarded in the name of the Secretary of Defense and is awarded
only to members of the Armed Forces of the United States who, after 1
January 1963, distinguish themselves by meritorious achievement or service.
The JSCM shall take precedence with, but before, the Military Services’
Commendation Medals. DoD 1348.33-M, September 1996, C3.4.4.3.1, designates
the agencies that have been delegated the authority to award the JSCM.
DoD 1348.33-M, September 1996, C1.4.5.2, states that the Secretaries of the
Military Departments shall administer the Military Service awards program
for non-Defense decorations or awards in their Department.
The Air Force MSM is awarded for outstanding non-combat meritorious
achievement or service to the United States. The MSM shall take precedence
before the Air Force Commendation Medal, and the level of achievement or
service is less than that required for the Legion of Merit.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR has furnished an information only advisory.
Applicant provided an e-mail stating that the officer who wrote the award
has since retired and she is unable to go back through the original chain
of command and request an upgrade.
The AFBCMR does not have the authority to change a Department of Defense
approved award. The board does have the authority to approve an Air Force
MSM; however, the JSCM would have to be revoked based on dual recognition;
but again, the Air Force would not have the authority to revoke an approved
JSCM.
The AFPC/DPPPR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 23
February 2007, for review and comment, within 30 days. However, as of this
date, no response has been received by this office.
________________________________________________________________
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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case and applicant’s
contentions are duly noted. However, we do not find these uncorroborated
assertions, in and by themselves, sufficiently persuasive to override the
presumption of regularity in the conduct of governmental affairs and,
without evidence to the contrary, we must assume that the decision of the
recommending and approval officials within the Department of Defense to
award her the JSCM rather than the DMSM was proper. Since the Board does
not have the authority to change a Department of Defense approved award,
applicant will have to submit her appeal through the appropriate Department
of Defense channels to obtain the relief sought in this application.
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 issue(s) involved. Therefore, the request for a
hearing is not favorably considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that 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 Docket Number BC-2007-00158
in Executive Session on 3 May 2007, under the provisions of AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Ms. Maureen B. Higgins, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 9 Feb 07.
Exhibit D. Letter, SAF/MRBR, dated 23 Feb 07.
JAMES W. RUSSELL, III
Panel Chair
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