RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03607 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he was awarded the Legion of 
Merit (LOM) for his role in a classified mission which resulted 
in the rescue of an American citizen from hostile forces. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In 1989, he was involved in a classified mission of great 
importance to the United States over an eight month period that 
resulted in the rescue of an American citizen from captivity by 
the Panamanian Defense Forces (PDF) during Operation JUST CAUSE. 
The applicant, a medical doctor, volunteered to treat the 
detainee and eventually obtained permission from the Panamanian 
government to visit him on a regular basis to do so. He became 
a lifeline of sorts for the detainee as he had smuggled letters 
to his family. Ultimately, and at great personal risk, he began 
smuggling out raw intelligence that was instrumental in rescuing 
the American detainee when US Special Forces raided the prison 
in 1989. 

 

News of the mission was published in a book written by the 
former captive in 2006. The applicant subsequently sought out 
his commander at the time to request he be recommended for award 
of the LOM for his distinguished actions in the mission to 
rescue the American captive. It took him until 2010 to locate 
his former commander who, during the matter under review, was 
unaware of the role the applicant played in the ultimate rescue 
of the American captive. His former commander provided a 
recommendation for the requested award, which includes a 
narrative recommendation and citation to accompany the proposed 
award. 

 

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

 

_________________ ______________________________________________ 

 

 


STATEMENT OF FACTS: 

 

The applicant served in the Regular Air Force in the grade of 
lieutenant colonel (O-5) during the matter under review. 

 

On 23 Feb 90, the applicant was awarded the Defense Meritorious 
Service Medal (DMSM) for meritorious service or the period of 
3 Jan 88 to 31 Mar 90 while serving as the Deputy Command 
Surgeon, Command Surgeon Directorate, Headquarters, United 
States Southern Command, Panama. While the citation of his DMSM 
does not include any description of the events in question, his 
Officer Performance Report (OPR), rendered for the period 7 Jul 
89 through 18 Mar 90 indicates that he was “instrumental in the 
successful release of a US hostage.” 

 

On 20 Mar 95, the applicant was relieved from active duty and he 
was transferred to the temporary disability retired list (TDRL) 
in the grade of colonel (O-6), effective 21 Mar 95. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial of the applicant’s request for the 
LOM for outstanding service as it would constitute dual 
recognition in violation of DoD and Air Force policy which 
dictates that only one decoration is awarded for the same act, 
achievement, or period of service. The applicant received the 
DMSM for his service while assigned in Panama from 3 Jan 88 
through 31 Mar 90. However, his request for the LOM for the 
period 7 Apr 89 through 23 Dec 89 falls within the inclusive 
period of his DMSM and would constitute dual recognition. 
Additionally, while the applicant has provided a signed 
recommendation for the LOM, it is not dated or notarized and 
therefore the authenticity of the signature of the recommending 
official cannot be verified. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

In response to the advisory opinion, the applicant provides 
signed, dated, and notarized recommendation for award of the 
LOM, as well as additional supporting statements from both the 
recommending official and his supervisor during the matter under 
review. The applicant’s supervisor indicates that he could not 
have written a recommendation at the time due to his limited 
first-hand knowledge of the applicant’s heroic actions. 
Furthermore, the applicant was transferred from Panama almost 
immediately after the invasion and while his supervisor was 
still unaware of his actions in working with Delta Force 
personnel in one of the first actions of the invasion – the 


rescue of the American detainee. Accordingly, when he wrote the 
applicant’s end of tour award (DMSM), he gave no credence to the 
“secret time” that the applicant had spent away from his regular 
duties. Further, the citation for his DMSM says nothing about 
his work with the U. S. Army Delta Force regarding the planning 
for and rescue of an American hostage. He also indicates that 
DODM 1348.33, Volume 3, indicates that an award for individual 
valor, heroism, or specific achievement within a longer period 
of meritorious service is not considered duplication, provided 
the citation for the meritorious service or the accompanying 
documentation justifying the award does not cite any of the 
actions for which the valorous or specific achievement award was 
given. As the applicant’s DMSM does not include a word about 
his efforts to secure the rescue of the American hostage, his 
crucial role in intelligence gathering, and the dangers he faced 
by making 110 visits into the enemy’s sanctuaries can form the 
basis of award of the LOM despite the fact these events took 
place during the inclusive period of the DMSM. 

 

The applicant’s complete response, with attachments, is at 
Exhibit E. 

 

________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

SAF/MRBP recommends the applicant be awarded the BSM instead of 
the LOM. Although the current criteria for awarding the BSM is 
limited to Armed Forces personnel who were serving in geographic 
area in which hostile fire pay or imminent danger pay was 
authorized, this restriction for award of the BSM does not apply 
to the period of service in question. The policy in effect at 
the time, AFR 900-48, indicates the BSM can be awarded for 
Heroism or meritorious achievement or service while serving as a 
member of the Armed Forces after 6 Dec 41 under conditions which 
include being engaged in an action against an enemy of the 
United States. On 15 Dec 89, the National Assembly of Panama 
declared that a state of war existed with the US and adopted 
measure to confront foreign aggression; on 17 Dec 89, the 
national command authority directed the Joint Chiefs of Staff to 
execute PLAN 90-2; Joint Task Force South received the JCS 
execute order on 18 Dec 89 with a D-Day 20 Dec 89 and the US 
Army Delta Force rescued the American hostage on 29 Dec 89. 
Therefore, the BSM is the appropriate level of decoration to 
recognize the applicant’s specific accomplishments and does not 
constitute dual recognition as described in the AFPC/DPSIDR 
evaluation of this case. 

 

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

 

________________________________________________________________ 

 

 

 


APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the SAF/MRBP evaluation was forwarded to applicant on 
13 Feb 13 for review and comment within 30 days (Exhibit G). On 
13 Feb 13, the applicant replied via email and indicated that he 
did not intend to submit a rebuttal to the SAF/MRBP evaluation 
(Exhibit H). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
correcting the applicant’s record to reflect he was awarded the 
Bronze Star Medal (BSM). While the applicant contends that he 
should be awarded the Legion of Merit (LOM) for his heroic 
actions during the matter under review, we agree with the 
determination of SAF/MRBP indicating the BSM is the most 
appropriate form of recognition to recognize the applicant’s 
specific accomplishments based on the nature of his 
contributions during the mission in question. Therefore, we 
recommend the applicant’s records be corrected to the extent 
indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that he was 
awarded the Bronze Star Medal (BSM) for heroism during the 
period 7 April 1989 through 23 Dec 1989. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03607 in Executive Session on 26 Jun 12 and 
4 Mar 13, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 


All members voted to correct the records as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-03607 was considered: 

 

 Exhibit A. DD Form 149, dated 26 Sep 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 23 Jan 12. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12. 

 Exhibit E. Letter, Applicant, dated 20 Mar 12, w/atchs. 

 Exhibit F. Letter, SAF/MRBP, dated 11 Feb 13. 

 Exhibit G. Letter, AFBCMR, dated 13 Feb 13 [sic]. 

 Exhibit H. Letter, Applicant, dated 13 Feb 13. 

 

 

 

 

 

 Acting Panel Chair