RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02399
            INDEX CODE:  107.00
            COUNSEL: NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Feb 02, 2009

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force Commendation Medal (AFCM) he received while  in  Saudi  Arabia
be changed to a Bronze Star Medal (BSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was initially submitted for the BSM and the downgrade of  his  decoration
was unjust.

Higher authorities stated that during  the  Panama  Invasion,  the  citation
system had been highly abused.  As a result, many  submitted  citations  for
personnel in the first Gulf War Theatre were down-graded or even denied.

He, along with his  staff,  accomplished  something  that  no  other  senior
noncommissioned officer  in  his  career  field  ever  did  or  will  (which
warrants a Meritorious Service Medal (MSM), but since it was in a  war,  the
BSM).

He did not know until recently he could file an appeal.  In  addition,  many
others, along with senior noncommissioned officers in his career field  have
received MSMs for a lot less—some for merely keeping their nose  clean  over
a period of time.  It would be the only fair thing to do.

In support of his request, the applicant provided a  statement,  a  copy  of
the citation, certificate and Special Order for the AFCM, and copies of  his
enlisted performance reports ending 30 Mar 91 and 30 Mar 92.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________





STATEMENT OF FACTS:

The applicant was honorably retired from the active duty  Air  Force  1  Jun
93.  He was credited with  20  years,  9  months,  and  20  days  of  active
service.

Records indicate he was awarded the AFCM, First Oak Leaf  Cluster,  for  the
period 16 Jan 91 to 7 Apr 91 for his assignment to King  Fahad  Royal  Saudi
Air Force Base.  Additionally, the decoration was  awarded  for  outstanding
achievement and dated 8 Jul 92.

The applicant received his AFCM, Second Oak Leaf Cluster, for the  period  8
Apr 91 to 31 may 93, upon his retirement from the Air Force.

The BSM is awarded to a person in any branch of the  military  service  who,
while serving in any capacity with the Armed Forces of the United States  on
or  after  7  Dec  41,  shall  have  distinguished  himself  by  heroic   or
meritorious achievement or service, not involving  participation  in  aerial
flight, in connection with military operations against an armed enemy.   The
award recognizes acts of heroism performed in ground combat if they  are  of
lesser degree than that required for the Silver Star.   It  also  recognizes
single acts of merit or meritorious service if the  achievement  or  service
is of a lesser degree than that deemed worthy of the Legion  of  Merit;  but
such service must have been accomplished with distinction.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request.  After a  thorough
review of the applicant’s military personnel records, DPSIDR was  unable  to
locate a  recommendation  for  the  BSM.   The  applicant  did  not  provide
documentation  to  substantiate  the  award  of   the   BSM,   such   as   a
recommendation  for,  special  orders,  or  citation  to  substantiate   the
request.

The timeline for submitting a decoration is two years from the date  of  the
act or achievement.  In the case of World War II decorations, 3 May  51  was
the cut-off date for  submission.   However,  under  the  Fiscal  Year  1996
National Defense Authorization Act (NDAA), Section 526,  which  was  enacted
into law on 10 Feb 96, this timeline, has  been  waived.   Under  this  act,
veterans, who may make a case for  award  consideration  (or  upgrade  of  a
previously awarded decoration) not  previously  eligible  because  of  these
time limits, may now submit for award consideration.  However,  the  written
recommendation must meet two criteria:  1) be made by  someone,  other  than
the member himself, in the member’s chain of command  at  the  time  of  the
incident, and, who has firsthand knowledge  of  the  acts  or  achievements;
and, 2) be  submitted  through  the  congressional  member  who  can  ask  a
military service to review the  proposal  for  a  decoration  based  on  the
merits of the proposal and the award criteria in existence  when  the  event
occurred.

The AFPC/DPSIDR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21  Sep
07 for review and comment within 30 days.  As of this date, this office  has
not received a response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

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;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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-2007-02399
in Executive Session on 1 November 2007, under the  provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Debra K. Walker, Member

The following documentary evidence was considered for BC-2007-02399:

    Exhibit A.  DD Form 149, w/atchs, dated 21 Jul 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPSIDR Memorandum, dated 4 Sep 07.
    Exhibit D.  SAF/MRBR Letter, dated 21 Sep 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair