RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02487
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Bronze Star Medal with Valor (BSM w/V)
2. He be awarded the Air Force Combat Action Medal (AFCAM) - withdrawn (See Exhibit E).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The BSM w/V citation was never submitted by his commander who
plagiarized his BSM w/V citation and subsequently his commander
was awarded the BSM for the actions he performed.
In support of his request, the applicant submits a personal
statement and documents extracted from his military personnel
records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
major having assumed that grade effective 11 May 2003 and with a
date of rank (DOR) of 28 October 2001.
Examiners Note: Attempts to obtain a copy of the Commander
Directed Investigation (CDI) were unsuccessful since the
investigation has since been destroyed in accordance with
governing instructions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states on 3 August 2011,
they provided the applicant with Air Force Form 3994,
Recommendation for Decoration Deployment/Contingency Operations,
and instructions so that he could submit his request for
entitlement to the AFCAM to the United States Air Force Central
(AFCENT) for determination.
The applicant received award of the Air Force Commendation Medal
(AFCM) for his service at Camp Champion, Iraq, from 4 December
2003 to 15 February 2004 per Special Order G-0336. Award of the
AFCM has already been made; therefore, award of the BSM w/V would
be considered dual recognition.
In correspondence dated 3 July 2007 signed by the Vice Commander,
9th Air Force, according to the Commander Directed Investigation
directed by the 9th Air Force Commander the allegations raised by
the applicant were found to be unsubstantiated and the
commanders decision to submit the applicant for award of the
AFCM as opposed to the BSM w/V was within his discretion as the
applicants commander.
In correspondence dated 17 February 2011 the SAF/IGQ
investigation considered the matter closed and advised the
applicant of his option to petition the AFBCMR.
DPSIDRA is unable to verify an injustice exists.
The DPSIDRA complete evaluation, with attachment, is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he has not exhausted all of his remedies in
regard to the AFCAM. He no longer desires the AFBCMR to consider
his request for award of the AFCAM.
The BSM w/V citation that was drafted for him and fraudulently
omitted was for heroism involving acts of personal valor in Iraq
in 2008. The Board should note that the proposed BSM w/V
citation did not include any other non-valor tour accomplishments
and was not intended as an end-of-tour award for outstanding
achievement. AFI 36-2803 (2.4.3) and USAFCENT Decoration
Guidebook (2.8) clearly indicates that a service member can
receive two different category awards encompassing the same time
period, provided that the same facts are not used. The evidence
provided documents that his tour accomplishments were
intentionally divided into valor and achievement categories. The
AFCM received was an end-of-tour award based on his non-valor
accomplishments which the evidence shows were separately
documented from the valor actions.
The applicants complete response is at Exhibit E.
_________________________________________________________________
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 that would
warrant action by the Board. We note the applicants contentions
that the BSM w/V for heroism was fraudulently omitted; however,
we are not persuaded by the evidence submitted that this Board
should award him the BSM w/V on the basis of error or injustice.
While we are unable to review the results of the CDI firsthand,
we note that the results are documented and indicate that the
applicants allegations of unfair treatment were not
substantiated. In the absence of such independent evidence
confirming that the commander acted improperly and exceeded his
discretionary authority, the evidence presented is simply
insufficient to recommend the relief the applicant seeks.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application. However, we have been advised by AFPC/DPSIDRA that
the applicant could be submitted for the BSM w/V by his current
commander contingent on the award recommendation meeting the
criteria outlined in the governing instruction.
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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2011-02487 in Executive Session on 11 April 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02487 was considered:
Exhibit A. DD Form 149, dated 5 June 2011, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIDRA, dated 3 August 2011, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 26 August 2011.
Exhibit E. Letter, Applicant, dated 13 September 2011.
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