RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03891
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was awarded the
Airmans Medal (AmnM), instead of the Air Force Commendation
Medal (AFCM), for his heroic actions on 15 Aug 85.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 15 Aug 85, his actions were heroic in nature and involved the
risk of his life. His heroic actions in coming to the aid of a
police officer in distress warrant award of the AmnM. In 2009,
he discovered he had been recommended for the award of the AmnM,
but said award was downgraded to the AFCM for outstanding
achievement. He was not aware he had even been considered for
the AmnM.
In support of his request, the applicant provides an expanded
statement and copies of excerpts from his military personnel
record, which include documents related to his original
recommendation for the AmnM, AFCM certificate and special order,
and an enlisted performance report (EPR), as well as military and
civilian letters and certificates of appreciation and press
coverage related to the matter under review.
The applicant's complete submission, with attachments, is
attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
While serving on active duty in the Regular Air Force, the
applicant was awarded the AFCM for outstanding achievement on
3 Sep 86 for his actions in coming to the aid of a civilian
police officer on 15 Aug 85.
The AmnM was established 6 Jul 60, and 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, has
distinguished himself or herself by a heroic act, usually at the
voluntary risk of his or her life but not involving actual
combat. The saving of a life or the success of the voluntary
heroic act is not essential. The AmnM is not awarded for normal
performance of duties.
The AFCM is awarded to service members who, while serving in any
capacity with the Air Force after 24 Mar 58, shall have
distinguished themselves by meritorious achievement or service.
Per the Air Force Instruction (AFI) 36-2803, The Air Force Awards
and Decorations Program, the AFCM can be awarded for outstanding
achievement or meritorious service; or acts of courage that do
not meet the requirements for award of the AmnM or BSM, and
sustained meritorious performance by crew members.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial noting there is no evidence of a
recommendation to upgrade the AFCM or official documentation
concerning the disapproval and downgrade of the initial
recommendation for the AmnM. The applicant has provided a
detailed personal statement describing the incident, an
evaluation of the criteria for the AFCM, and AmnM; as well as
civilian documentation from the Denver Academy of Court Reporting
(DACR), the City and County of Denver, Denver Police, and letters
from his chain of command. The documentation provided attests to
the courage the applicant showed in aiding a police officer.
The applicant's documentation, notes that the original citation
for the disapproved AmnM was the same as the citation for the
subsequent AFCM, after removal of all references to courage and
risk of life. The applicant contends the AmnM citation was
truthful and correct; however, it was altered to meet the
criteria for the AFCM. He believes his actions of 15 Aug 85 met
the criteria for the AmnM, and was diluted to match the criteria
for the AFCM, and he further believes this action created an
injustice. The applicant did not provide any official
documentation establishing the existence of an "informal policy"
limiting the award of the AmnM. DPSIDR was unable to locate the
reason for the disapproval and downgrade of the AmnM in the
applicant's military personnel record. No recommendation was
provided or located for upgrade from the AFCM to the AmnM.
The complete AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He believes the act of fighting an armed suspect who had badly
beaten a veteran police officer and was in the process of
murdering him characterizes courage and the fact that he was
going to murder the police officer with a gun involved voluntary
risk of life. He believes it was an injustice that he was not
awarded the AmnM and asserts it was an error to award him the
AFCM.
His observations were not intended to convey a certainty that an
informal policy existed so much as he intended them to convey
what he was told as the rationale for AFCM instead of an AmnM.
There is no paper that he has seen that indicates the AmnM was
downgraded, in fact, there is no supporting documentation on the
AmnM with the exception of a citation that was converted in 2009
and appeared in ARMS. If any official documentation existed, he
would have pursued an upgrade, via an Inspector General
Complaint, or request a Congressional Inquiry. Unfortunately, it
is as though it never happened at all, which seems to him an
injustice in and of itself because for an Airmans Medal to be
disapproved in the system, there should be supporting
documentation. The advisory reads as if he obtained a
recommendation for upgrade or if the official documentation could
have been found, there would have been a recommendation for
approval of the upgrade of the AFCM to an AmnM. There should
have been a paper trail from origination of the decoration
package through disposition, but that data simply does not exist.
The applicants complete response is attached at Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
SAF/MRBP recommends denying the applicants request to upgrade
his AFCM to an AmnM. MRBP notes the AFCM can be awarded for
meritorious service, outstanding achievement, or an act of
courage. Air Force policy at the time of the act allowed for
award of the AFCM for an act of courage and therefore MRBP
recommends changing the AFCM from "outstanding achievement" to
"act of courage". The documentation provided reflects the
applicant was nominated for award of the AmnM for his act of
courage and heroism on 15 Aug 85. The documentation also
reflects the AmnM was "DISAPPROVED. The stamped disapproval
indicates that the Air Force Decorations Board (AFDB), the
approval authority for this decoration, had considered the
applicant for the decoration and it was disapproved by AFDB.
The citation reflects the AFDB returned the decoration to the
Air Force Personnel Center (AFPC) to notify the nominating
organization of the decision. The AFDB is the approval
authority for this decoration and it is not delegated for
approval at a lower level. Had the decoration been disapproved
or downgraded at a lower level (Wing or Major Command), the
AFPC recognition section would not have processed the
decoration for AFDB consideration. At the time of the AFDB all
available documentation, including witness statements and
commendations were reviewed and considered. Further, as part
of this advisory, documentation provided by the applicant and
in the case file was reviewed for reconsideration of the AmnM.
Based on the documentation provided by the applicant and in the
AFBCMR case file, the AFDB properly considered the applicant
for the AmnM and appropriately disapproved this level of
recognition. An additional current review by the AFDB was
accomplished and the AFDB concurs with the previous decision of
the 1986 board. The AFDB considered and determined that the
applicants heroism did not rise to the level required for
award of the AmnM, due to lack of eyewitness statements
(corroboration), and the applicant's statement of events
provided with his application appear to embellish the events as
documented in statements provided at the time of the act.
The complete SAF/MRBP evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
He is disappointed in the advisory opinion that fundamentally
accuses him of lying, misstating facts and patently discounts the
veracity of written statements from the Denver Chief of Police
and the Denver Deputy District Attorney. The statement by the
Director, SAF Personnel Council impugns his character and makes
clear a bias against his statements without citing any specifics
and is unfairly prejudicial. He is a Chief Master Sergeant with
30 plus years of service, 10 plus years time in grade and finds
it unconscionable that an advisory would make a written statement
that calls his integrity and ethics into question and does so
without specificity. He hopes the advisory opinion will be
stricken from consideration unless the author is prepared to
bring specifics that he will be allowed to answer; otherwise, the
comments are inflammatory, judgmental, and prejudicial.
The value credibility of the statements from the Chief of Police
and the Deputy District Attorney meets the criteria of
corroboration because the first is based on a police officer's
statement to another police officer (Chief of Police) and the
second is written by a Deputy District Attorney based on the
sworn testimony of all four people present on that day and is
further supported by a verdict from a jury in the criminal case.
It is hard to imagine other sources could provide better
corroboration because both are public officials operating under
oath and bound by law to be honest. Both written statements
clearly indicate he exhibited courage, risked his life by helping
to stop the police officer from being murdered by an armed
suspect.
The applicants complete response, with attachments, is at
Exhibit H.
_________________________________________________________________
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 an error or injustice warranting
award of the Airmans Medal (AmnM). After a thorough review of
the evidence of record and the applicants complete submission,
including his responses to the advisory opinions rendered in his
case, we are not persuaded that failure to award him the Airmans
Medal makes him the victim of an error or injustice. While the
applicant argues his actions were heroic and warranted award of
the AmnM, we are not convinced the Air Force Decorations Board
(AFDB) that originally considered the recommendation erroneously
determined that his actions, while courageous, were more
appropriately recognized by the AFCM. In this respect, we note
the comments of SAF/MRBP indicating the AFCM was, and still is,
an authorized form of recognition for an act of courage and the
AFDB acted properly and within its discretionary authority when
downgrading his recommendation for the AmnM to the AFCM. We note
that while the applicant may have been recommended for the
Airmans Medal, the Air Force Decorations Board was vested with
the responsibility and authority to determine whether a
recommendation should be approved. While the applicant may
disagree with their decision, he has not provided sufficient
evidence to show that the AFDBs decision exceeded its
discretionary authority or was arbitrary and capricious.
Nevertheless, the current AFDB again reviewed the applicants
file, but also determined that award of an AFCM was proper. We
find it regrettable the applicant considers their review of his
appeal to be unfairly prejudicial; however, we do not agree and
based our determination in his appeal on whether sufficient
evidence of error or injustice has been presented.
4. Notwithstanding the above, we agree with the recommendation
of the SAFPC to change the reason for award of the AFCM from
outstanding achievement to act of courage. Therefore, in
the interest of justice we recommend the applicants records be
corrected to the extent indicated below.
5. 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 issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that on
3 September 1986, he was awarded the Air Force Commendation Medal
(AFCM) for an act of courage, rather than for outstanding
achievement, for his actions on 15 August 1985.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03891 in Executive Session on 26 Jun 12 and
17 Jul 12, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 11, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR dated 31 Oct 11.
Exhibit D. Letter, SAF/MRBR dated 10 Nov 11.
Exhibit E. Letter, Applicant, dated 21 Nov 11.
Exhibit F. Letter, SAF/MRBP, dated 25 May 12.
Exhibit G. Letter, AFBCMR, dated 4 Jun 12.
Exhibit H. Letter, Applicant, dated 9 Jul 12, w/atchs.
Panel Chair
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