AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01320
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Meritorious Service Medal (MSM) awarded for meritorious
service for the period 27 Oct 05 to 15 Mar 06 be upgraded to a
Bronze Star Medal (BSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. His first deployment as a senior noncommissioned officer
(SNCO) was to an actual conflict versus his previous deployments
in support of the Operation SOUTHERN WATCH cease-fire.
2. AFI 36-2803, The Air Force Awards and Decorations Program,
table 2.1, note 2, clearly supports a BSM for the citation
written; whereas, note 1.4 clearly states “noncombat” for a MSM.
3. He can only surmise why the award was not originally a BSM.
It could have been that his immediate commander was an Air
National Guard (ANG) lieutenant colonel (Lt Col) with no combat
award experience. He hopes this was not done intentionally to
prevent him from receiving the appropriate recognition.
4. It was an unknown common practice for deployed SNCOs to
receive BSMs for deployment to combat area of responsibilities
(AORs). It was not until he heard of similar situations where
BSMs were awarded that made him question the recognition he
received.
In support of his request, the applicant provides a personal
statement, copies of his MSM citation, and an excerpt from AFI
36-2803.
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 chief master sergeant.
The MSM was established by Executive Order 11448 on 16 Jan 69.
This award may be awarded to any member of the Armed Forces of
the United States who distinguished themselves by either
outstanding achievement or meritorious service to the United
States. The level of achievement or service is less than that
required for the Legion of Merit (LOM).
AFI 36-2803, note 14, table 2.1 states the MSM is awarded for
outstanding noncombat meritorious achievement or service.
The BSM recognizes acts of heroism performed in ground combat if
they are of lesser degree than that required for the Silver
Star. It also recognizes single acts of merit and meritorious
service if the achievement or service is of a lesser degree than
that deemed worthy of the LOM; but such service must have been
accomplished with distinction.
AFI 36-2803, note 2, table 2.1 states the BSM is awarded for
service while engaged in military operations involving conflict
with an opposing foreign force.
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:
AFPC/DPSIDR states the Board needs to consider the merits of the
applicant’s request for upgrade of the MSM to BSM. DPSIDR
states the applicant has not exhausted his administrative
channels for relief in accordance with (IAW) Title 10, United
States Code 1130. Service members may make a case for award
consideration not previously eligible because of time limits
prescribed by law or policy, by submitting a recommendation made
by someone other than the member themselves, in the member’s
chain of command at the time of the incident, who has firsthand
knowledge of the acts or achievements, and referred through a
congressional member. The recommendation should be accompanied
by eyewitness statements, attesting to the act(s), sworn
affidavits, certificates, and any other related documentation.
The complete DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the Air Force advisory opinion contains a
misleading fact which may negatively influence the opinion: “The
applicant has not exhausted his administrative channels for
relief IAW Title 10, USC 1130.” First, when he discussed the
situation with the 802 Force Support Squadron, he was informed
2
that it had been more than three years since the achievement;
therefore, he needed to request a correction to his records.
Secondly, he did not see any reference to this in AFI 36-2603,
Air Force Board for Correction of Military Records, other than
the broad statement of: “Exhaust all other available
administrative remedies (otherwise the Board may return the
request without considering it).” He admits that he did not
review Title 10 nor did he attempt to contact his leadership for
the period of the deployment. Lastly, to go outside of the Air
Force process seems counter intuitive since he is still on
active duty.
The applicant’s complete submission is at Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
SAF/MRBP recommends that the decision not be overturned. MRBP
states the MSM was the more appropriate decoration for the
applicant’s period of service.
The Air Force Decorations Board contacted the USCENTAF
Decorations Board to determine which decoration the applicant
had been submitted for the period in question. Based on their
official decorations board records, the applicant was submitted
for the BSM and the USCENTAF Decorations Board downgraded the
decoration to the MSM as it did not meet the criteria for award
of the BSM.
The applicant was appropriately awarded the MSM by a properly
constituted USCENTAF decorations board. He did not provide any
compelling evidence that the USCENTAF Decorations Board was
unaware of the criteria for the BSM when it downgraded the
submission.
The complete MRBP evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Aug 12 for review and comment within 30 days
(Exhibit G). As of this date, this office has not received a
response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
3
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 SAF/MRBP and adopt its 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 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-2012-01320 in Executive Session on 23 Sep 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 5 Apr 12, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 9 May 12.
Exhibit D. Letter, SAF/MRBR, dated 18 May 12.
Exhibit E. Letter, Applicant, dated 30 May 12.
Exhibit F. Letter, SAF/MRBP, dated 14 Aug 12.
Exhibit G. Letter, SAF/MRBC, Letter, dated 16 Aug 12.
Panel Chair
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