RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04335 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Bronze Star Medal (BSM) 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He was subjected to working in a hostile environment for over 
a year while enforcing the Panama Canal Treaty during the Noriega 
Regime. He was not recognized for all the work he did to enforce 
the Treaty, which was under extremely hostile conditions during 
the period of 1 Jan 88 to 31 Dec 89. He also performed 
unclassified and classified operations for the United States 
Southern Command (USSOUTHCOM) Commander that placed him and his 
team in extreme danger. 

 

2. He believes the award was overlooked by the senior staff due 
to Operation JUST CAUSE. Awarding this medal does not cost the 
government anything, but will make the situation right. It will 
not gain a promotion; however, it will recognize him and his team 
for what was accomplished. 

 

3. Names and places regarding the specific incidents cannot be 
exactly recalled, but were logged in at the Joint Operations 
Center (JOC), HQ USSOUTHCOM, while the command was located in the 
Republic of Panama. He believes the USSOUTHCOM historical office 
might keep those records because of their importance in 
supporting Operation JUST CAUSE. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired from the Regular Air Force on 31 Dec 02. 

 

The BSM is awarded to a person in any branch of the military 
service who, while serving in any capacity with the Armed Forces 
of the United States on or after 7 Dec 41, shall have 
distinguished himself by heroic or meritorious achievement or 
service, not involving participation in aerial flight, in 


connection with military operations against an armed enemy. The 
award recognizes acts of heroism performed in ground combat if 
they are of lesser degree than that required for the Silver Star. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is at Exhibit C. 

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AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial. All avenues have not been 
exhausted for retroactive requests for the award as well as the 
request for consideration is incomplete. Further, there was no 
documentation verifying the applicant was recommended for and 
awarded the BSM. The following information should be included in 
a request for award consideration: a signed recommendation from 
someone with firsthand knowledge of the act or achievement; 
eyewitness statements attesting to the act(s) of outstanding 
meritorious achievement or service performed, sworn affidavits, 
certificates, and any other related documentation; a referral by 
a Member of Congress; and a proposed citation. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 26 Nov 12 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. We note the OPR advisory comments concerning 
the requirements of Title 10, United States Code, Section 1130 
(10 U.S.C. § 1130), enacted as part of the Fiscal Year 1996 
National Defense Authorization Act. However, we do not agree 
that such avenues must be first exhausted prior to seeking relief 
under the provisions of 10 U.S.C. § 1552. The relief offered 
under 10 U.S.C. § 1130 is a statutory remedy, not administrative 
relief. Therefore, principles of administrative law requiring 
exhaustion of administrative remedies are inapplicable here. 
Moreover, as previously noted by this Board in decisions 
concerning this issue, 10 U.S.C. § 1130 clearly states that, 
“Upon request of a member of Congress…the Secretary shall make a 
determination as to the merits of approving the award…” – 
however, it does not require that an applicant must do so prior 
to submitting a request under the provisions of 10 U.S.C. § 1552. 


Finally, we find the OPR's interpretation of 10 U.S.C. § 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 effect 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 an error or injustice. After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we are not persuaded the fact that he 
has not been awarded a BSM, renders him the victim of an error or 
injustice. The narrative recommendation provided in support of 
this request is duly noted; however, it does not persuade us the 
applicant’s actions during the inclusive periods of the requested 
award, meet the criteria for award of the BSM. Moreover, the 
applicant has not provided any statements from members of his 
former chain-of-command, supporting his request. Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief. 

 

4. 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 involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2012-04335 in Executive Session on 16 May 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 

 

The following documentary evidence for BC-2012-04335 was 
considered: 

 


 Exhibit A. DD Form 149, dated 18 Sep 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSID, dated 3 Nov 12. 

 Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12. 

 

 

 

 

 

 Panel Chair