RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03842
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to reflect award of the Air Force Commendation
Medal (AFCM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He earned the AFCM while serving on active duty in the Air Force
from 18 Jun 73 to 1 Jun 80.
He is not sure when, how, or where he earned his AFCM, but that a
former supervisor denied the award due to his own personal bias.
He was not given the chance to appeal the denial of his AFCM, nor
see where and how he had earned the commendation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Air Force from 18 Jun
73 to 10 May 86.
AFPC/DPSID was able to verify the applicants entitlement to the
Joint Service Commendation Medal (JSCM) and the Air Force
Outstanding Unit Award (AFOUA) and his DD Form 214 will be
administratively corrected to reflect these medals.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that the AFCM 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 58,
shall have distinguished themselves by meritorious achievement
and service. After a thorough of the applicants official
military personnel record and provided documentation, they were
unable to verify award of the AFCM. DPSID further states that
the applicant has not exhausted all administrative avenues for a
retroactive request for award of the AFCM.
Retroactive recommendations for awards for individuals beyond the
two-year time limitation must be submitted in accordance with
Title 10, United States Code, Section 1130. The law allows for
the submission of award recommendations (and upgrading of
previously approved awards) without regard to any previously
imposed time constraints for submission, if referred by a Member
of Congress.
The complete DPSID evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 Oct 12, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days (Exhibit C).
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 avid 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 an error or injustice. The
applicants records were thoroughly reviewed, however, no
documentation was found nor did he provide any evidence to
substantiate his eligibility for award of the AFCM. The
applicants achievements are noted; however, the instruction
governing awards and decorations states no individual is
automatically entitled to a decoration. Other than his own
assertions, he has not provided sufficient evidence which would
persuade us that he should have been awarded the AFCM. In view
of the above and in the absence of evidence to the contrary, we
find no basis upon which to recommend granting the requested
relief.
_________________________________________________________________
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-2012-03842 in Executive Session on 9 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Aug 12, w/atchs.
Exhibit B. Letter, AFPC/DPSID, dated 9 Oct 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 23 Oct 12.
Panel Chair
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