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AF | BCMR | CY2009 | BC-2007-02137
Original file (BC-2007-02137.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02137
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of  the  Bronze  Star  Medal
(BSM).  In the alternative, he  be  awarded  the  Meritorious  Service
Medal (MSM) or the the Air Force Commendation Medal (AFCM) with Valor.

If a BSM, MSM,  or  AFCM  with  Valor  is  approved,  he  be  provided
supplemental consideration for promotion to the grade of chief  master
sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While he was deployed to Balad Air Base (AB), his commander  submitted
him for the BSM.  He was attached to the Army and performed 22 convoys
as a gun truck escort, many of which came under multiple attacks.  The
BSM was submitted in Feb 05 through Army  channels;  however,  it  was
returned to Balad AB in May 05 because  the  Army  stopped  processing
decorations on Air Force personnel.  To  prevent  the  BSM  nomination
from being processed late, it was destroyed and replaced with  an  Air
Force Commendation Medal (AFCM).  This was unfair and unjust,  as  the
BSM had already been placed in official channels.

In support of his appeal, the applicant  provides  copies  of  AF  IMT
3994, Recommendation for Decoration Deployment/Contingency Operations,
an Enlisted Performance Report (EPR), deployment orders, a certificate
of  recognition,  documentation  pertaining  to  the  BSM,  and  other
documents associated with the matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
chief master sergeant (CMSgt), with a date of rank of 1 Jan  08.   His
Total Active Federal Military Service Date (TAFMSD) is 27 Feb 81.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force, which are at Exhibits B and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR notes that while serving as a first sergeant and  attached
to the Army, the applicant was deployed to Balad Air Base  (AB),  Iraq
from 5 Dec 04 to 5 Apr 05.  He was a crewmember  in  over  20  convoys
constantly under attack and provided emergency medical  treatment  for
personnel injured during multiple convoy attacks while patrolling over
the most dangerous roads from Baghdad to the Turkish border.

According to AFPC/DPSIDR,  it  is  clear  the  applicant’s  supervisor
nominated him for the BSM  for  his  service  during  his  deployment.
However, the BSM recommendation was returned to Balad, destroyed,  and
rewritten as an AFCM by someone other than the original nominator.  In
AFPC/DPSIDR’s opinion, the BSM was placed in official channels but was
not properly considered by the AFCENTAF  board.   They  recommend  the
Board review the  nominating  official’s  original  decoration  for  a
determination and appropriate consideration.  If  the  Board  approves
the BSM, it should direct the AFCM be  removed  from  the  applicant’s
official records and replaced with  the  BSM  or  a  more  appropriate
medal.

A complete copy of the AFPC/DPSIDR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  18
Jul 08 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit C).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP recommends denial indicating the applicant has  not  produced
compelling or hard evidence to support his claim.  In their view, most
of the evidence presented was based on  hearsay  from  sources  rather
than official documentation.

A complete copy of the SAF/MRBP evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  13
Nov 08 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has 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;
however, we agree with the opinion and recommendation of the  SAF/MRBP
and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant has not presented evidence which shows to  our  satisfaction
that the decision to award him the AFCM was in error  or  unjust.   In
view of the foregoing, and in the absence of  sufficient  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 AFBCMR Docket Number BC-
2007-02137 in Executive Session on 21 Aug 08 and 16 Dec 08, under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Alan A. Blomgren, Member
      Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Jul 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 14 Jul 08.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jul 08.
    Exhibit D.  Letter, SAF/MRBP, dated 13 Nov 08.
    Exhibit E.  Letter, SAF/MRBR, dated 13 Nov 08.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



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