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AF | BCMR | CY2012 | BC-2012-05503
Original file (BC-2012-05503.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05503
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be awarded the following medals:

1.  The Air Force Commendation Medal (AFCM).

2.  The Cold War Medal.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He should have been awarded the AFCM prior to separating from 
the Air Force.

The applicant provides no documentation in support of his 
appeal.

The applicant's complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15 April 
1975.

On 14 August 1979, the applicant was honorably released from 
active duty and transferred to the Air Force Reserve.  He served 
a total of 4 years and 4 months on active duty and was credited 
with 2 years, 4 months and 5 days of foreign and/or sea service.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states the AFCM is awarded 
to members of the Armed Forces of the United States who, while 
serving in any capacity with the Department of the Air Force 
after 24 March 1958, shall have distinguished themselves by 
meritorious achievement and service.

The Cold War Medal is a commemorative medal.  These medals are 
primarily celebratory display medals rather than official awards 
or decorations of the United States Air Force and Department of 
Defense.  A certificate may be obtained online at:  
https://www.hrc.army.mil/site/active/tagd/coldwar/default.htm.  
Or write to the USAHRC, Cold War Recognition Program, ATTN: 
AHRC-PDA-A, Department 480, 1600 Spearhead Division Avenue, Fort 
Knox KY 40122-5408, (502) 613-9126.

After a thorough review of the applicant’s official military 
personnel record DPSID was unable to locate official 
documentation verifying the applicant was awarded the AFCM.  
They were also unable to verify any additional awards or 
decorations the applicant may have been awarded during his 
active duty service.  

Retroactive recommendations for awards for retirees/veterans 
beyond the two year time limitation may be submitted in 
accordance with Title 10, United States Code, Section 1130 (10 
USC § 1130).  The law allows for the submission of award 
recommendations (and the upgrading of previously approved 
awards) without regard to any previously imposed time 
constraints for submission if referred by a Member of Congress.  
Under the provision of this law requests must be referred to the 
Secretary of the Air Force by a Member of Congress through the 
Secretary of the Air Force Liaison Office (SAF/LL).  
Additionally, the burden and costs for researching and 
assembling documentation to support award recommendations rest 
with the requester.  Once received, a determination will be made 
as to the decoration or any other determination necessary to 
comply with the provisions of the statute.

The applicant has not exhausted all avenues of administrative 
relief.  Nonetheless, should the board determine the applicant 
has exhausted all avenues of administrative relief, they 
recommend denial based on lack of official documentation in his 
official military personnel records verifying the applicant was 
recommended for and awarded the AFCM.  Additionally, the 
applicant has not provided justification or supporting 
documentation that reflects he was eligible for award of the 
AFCM nor did he provide evidence of an error or an injustice.

The DPSID complete evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 February 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit D).  As of this date, no response has been 
received by this office. 

________________________________________________________________
_


THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 error or injustice.  The 
applicant’s contentions are duly noted; however, after reviewing 
the evidence of record, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not exhausted all avenues of administrative 
relief.  We agree.  In this respect, we note the applicant 
should pursue his request for the AFCM through the provisions 
outlined in 10 USC § 1130.  With respect, to his request for the 
Cold War Medal, since it is a commemorative medal, it is not 
awarded by the Air Force and the applicant may apply for the 
certificate online, as noted by the OPR.  Concerning his request 
for, “Any other medals he may have earned during his active duty 
service,” the OPR was unable to verify any additional awards or 
decorations he may have been awarded during his active duty 
service.  We also note the  applicant has failed to provide 
sufficient documentation to indicate he is entitle to any awards 
other than those already reflected on his DD Form 214.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 the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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-2012-05503 in Executive Session on 22 August 2013, 
under the provisions of AFI 36-2603:




The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05503 was considered:

  Exhibit A.  DD Form 149, dated 20 November 2012.
  Exhibit B.  Applicant’s Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSID, dated 25 January 2013.
  Exhibit D.  Letter, SAF/MRBR, dated 24 February 2013.





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