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AF | BCMR | CY2008 | BC-2008-01113
Original file (BC-2008-01113.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01113
            INDEX CODE:      107.00
      xxxxxxxxxxxxxxxx COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM) be  upgraded  to  an  Airman’s
Medal (AmnM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He met all the criteria for award of the AmnM.  The event,  for  which
he received his nomination for the AmnM, placed his life in danger and
therefore should have never  been  downgraded.   This  is  his  second
request for reconsideration and he still has nightmares about entering
the burning tent.  The gas heater that  was  used  to  heat  the  tent
exploded and engulfed the entire tent and if he had  not  entered  the
tent when he did there could have been loss of  or  severe  injury  of
three senior grade officers.  He does not feel that all heroes  should
be injured or die to receive the recognition they deserve.

In support of his request, the applicant provides a copy of  his  AFCM
certificate  and  citation  and  a  copy  of  the  recommendation  for
decoration  print-out.   The  applicant’s  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Effective 31 Jan 97, the applicant was relieved from active  duty  and
retired effective 1 Feb 97 in the grade of master  sergeant.   He  was
credited with 20 years and 21 days of active service for retirement.

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPSIDR recommends denial.  DPSIDR  states  the  applicant  was
awarded the AFCM  for  heroism  on  26  Sep  86.   The  applicant  was
originally submitted for award of the AmnM which was later  downgraded
to the AFCM.  The AmnM is awarded to any member of the armed forces of
the United States or of a friendly nation who, while  serving  in  any
capacity with the United States  Air  Force  after  the  date  of  the
award's authorization, shall have distinguished himself or herself  by
a heroic act, usually at the voluntary risk of his or her life but not
involving  actual   combat.    DPSIDR   advises   that   no   official
documentation was located nor provided  that  verifies  the  applicant
being reconsidered by the original approval authority for upgrade from
the AFCM to the AmnM.   The  complete  AFPC/DPSIDR  evaluation  is  at
Exhibit B.

SAF/MRBP  recommends  denial.   MRBP  states   that   based   on   the
documentation provided by the applicant, they are unable to  ascertain
the  level  of   risk   and   courage/heroism.    Without   additional
documentation (e.g., eye witness statements, news articles,  chain  of
command letters, etc.) providing a full account of the event, MRBP  is
unable to determine whether the applicant met the criteria required to
receive an AmnM.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were sent to the  applicant  on  9
May and 16 Jun 08, respectively, for  review  and  comment  within  30
days.  As of this date, this office has received no 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.  After a thorough review  of  the
available records, we are not persuaded that the  applicant's  records
should be corrected to show that he was awarded  the  AmnM.   In  this
regard, the AmnM was established to recognize heroic acts, usually  at
the voluntary risk of life.  While his actions were determined  to  be
heroic, evidence has not been presented which would persuade  us  that
the officials who recommended and approved  the  award  of  the  AFCM,
rather than  an  AmnM,  to  the  applicant  acted  inappropriately  in
deciding what type of medal was  warranted  or  that  their  decisions
represented  an  abuse  of  discretionary  authority  in  making  that
decision.  Therefore, we agree with the opinion and recommendation  of
the Air Force  offices  of  primary  responsibility  and  adopt  their
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-2008-
01113 in Executive Session on 28 Aug 08, under the provisions of  AFI
36-2603:

                 Mr. Wallace F. Beard Jr, Panel Chair
                 Ms. Dee R. Reardon, Member
                 Ms. Karen A. Holloman, Member

The following documentary evidence pertaining to  Docket  Number  BC-
2008-01113 was considered:

    Exhibit A.  DD Form 149, dated 22 Mar 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 24 Apr 08.
    Exhibit D.  Letter, SAF/MRBP, dated 6 Jun 08.
    Exhibit E.  Letters, SAF/MRBR and AFBCMR, dated 9 May 08
                and 16 Jun 08.




                                  WALLACE F. BEARD JR
                                  Panel Chair


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