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 Boards 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 applicants 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 OPRs 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 applicants
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
applicants 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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