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AF | BCMR | CY2012 | BC-2012-02574
Original file (BC-2012-02574.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
		AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS	

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02574
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect the Air Force Commendation 
Medal (AFCM) he was awarded and any other medals and citations 
to which he may be entitled.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the AFCM for putting out a fire while refueling a 
KC-135A.

In support of his request, the applicant provides a copy of his 
DD Form 214, Armed Forces of the United States – Report of 
Transfer or Discharge.

His complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air Force 
from 11 Jul 1966 to 10 Jul 1970.  His DD Form 214 reflects four 
years of total active service.

Based on their review of his military personnel records, 
AFPC/DPSID was able to determine the applicant should have been 
awarded the Air Force Outstanding Unit Award (AFOUA), Republic 
of Vietnam Gallantry Cross with Palm (RVNGC w/P), and the 
Vietnam Campaign Medal (VCM) during his service.  Administrative 
correction of his military personnel records will be completed 
by AFPC/DPSOY upon the Board’s final decision.

The Air Force Commendation Medal is awarded to members of the 
Armed Forces of the United States who, while serving in any 
capacity with the Air Force after 24 Mar 1958, shall have 
distinguished themselves by meritorious achievement and service. 
The degree of merit must be distinctive, though it need not be 
unique. The official documentation verifying award of a 
decoration is the special order.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for the 
AFCM.  DPSID states there is no documentation which indicates 
the applicant was awarded the AFCM.  However, he may request 
this award under the provision of Title 10, Section 1130, United 
States Code.  Therefore, all administrative avenues have not 
been exhausted.

The complete DPSID evaluation, with attachments, is at Exhibit 
C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 30 Aug 2012 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.  While the OPR’s comments 
concerning the requirements of Title 10, United States Code, 
Section 1130 (10 USC § 1130), enacted as part of the Fiscal Year 
1996 National Defense Authorization Act, are noted; we do not 
agree that such avenues must be first exhausted prior to seeking 
relief under the provisions of 10 USC § 1552.  As previously 
noted by this Board in previous decisions concerning this issue, 
10 USC § 1130 clearly states that, “…if at the request of a 
member of Congress…” an otherwise untimely decoration submission 
may be processed for consideration – it does not require that it 
must do so.  Moreover, we find their interpretation of 10 USC § 
1130 contradicts the very intent of Congress in establishing 
service correction boards 65 years ago, i.e., to remove their 
required involvement and avoid the continued use of private 
relief bills, in order to affect such corrections to military 
records.

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.  In this 
respect, we note the OPR was able to determine the applicant’s 
entitlement to the AFOUA, RVNGC w/P, and the VCM; and have 
administratively corrected his records.  Therefore, the only 
remaining issue before this Board concerns the AFCM.  We have 
thoroughly reviewed the evidence of record and noted the 
applicant’s contention, and are not persuaded that he was 
previously awarded the AFCM.  Although the applicant contends 
that he was awarded the AFCM for putting out a fire while 
refueling a KC-135A, he provides no corroborative evidence.  
Moreover, in the absence of a recommendation from someone other 
than the applicant, preferably in his former chain-of-command 
with firsthand knowledge of the event, we are also not convinced 
that he should be awarded the AFCM.  Therefore, in view of the 
above and 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 this application 
in Executive Session on 5 Feb 2013, under the provisions of AFI 
36-2603:

    , Panel Chair
    , Member
    , Member


The following documentary evidence was considered in AFBCMR BC-
2012-02574:

    Exhibit A.  DD Form 149, dated 7 Jun 2012, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 24 Jun 2012, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Aug 2012.




                                   
                                   Panel Chair


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