RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02357
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Defense Meritorious Service Medal (DMSM) awarded for
meritorious service for the period 13 Aug 10 to 12 Aug 11, be
upgraded to a Bronze Star Medal (BSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His decoration was processed 90 days prior to his deployment
completion and did not capture a combat operation that resulted
in a combat related injury.
The DMSM was drafted for final submission prior to a significant
event which should warrant a BSM. An insurgent gained entry to
his Forward Operating Base (FOB) and he was tasked to locate him
in a full scale search. He received a head injury during an
interior search of a bunker that resulted in many post-
deployment surgeries. Department of Defense 1348.33, Volume 3,
Manual of Military Decorations and Awards: DoD-Wide Performance
and Valor Awards; Foreign Awards; Military Awards to Foreign
Personnel and U.S. Public Health Service Officers; and
Miscellaneous Information, states the BSM is awarded to any
person who while serving in any capacity in the US Army who has
distinguished, himself by heroic or meritorious
achievement/service, while engaged in military action/operations
against the enemy and he meets this criteria.
In support of his request, the applicant provides copies of
witness statements, his DMSM citation with certificate, an
excerpt from DoD 1348-33, and SF Form 600, Chronological Record
of Medical Care.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of major.
According to DoD 1348-33, Vol 3, the BSM is awarded to any
person who, while serving in any capacity with the Armed Forces
of the United States, after 6 Dec 41, who distinguishes, or has
distinguished, himself or herself by heroic (valorous) or
meritorious achievement or service, not involving participation
in aerial flight; while engaged in an action against the enemy
of the United States; while engaged in military operations
involving conflict with an opposing foreign force; or while
serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United
States in not a belligerent party. In addition it is awarded
for valor in combat to a lesser degree than required for award
of the Silver Star and for meritorious achievement or service
during armed conflict that are of a lesser degree than that
required for award of the Legion of Merit.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states they were unable to
locate a Special Order, citation, or recommendation for award of
the BSM.
The applicant was awarded the DMSM for exceptionally meritorious
service for the period 13 Aug 10 to 20 Aug 11, per Department of
the Army Permanent Order J-11-174-015, dated 2 Jul 11.
The applicant did not include a recommendation or proposed
citation for a BSM, and DPSID was unable to locate official
documentation that he contacted the original approval authority
in respect to upgrading his DMSM in an effort to exhaust his
administrative channels prior to appealing to the Air Force
Board for Correction of Military Records (AFBCMR).
The DMSM is the decoration approved by the approval authority.
The applicants package is incomplete as he has provided no
recommendation or proposed citation for the BSM.
The applicant has not demonstrated an error or injustice caused
by award of the DMSM.
The complete DPSID evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 Aug 13, for review and comment 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 timely filed.
2. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. In this
respect, we note this Board is the highest administrative level
of appeal within the Air Force. As such, an applicant must
first exhaust all available avenues of administrative relief
provided by existing law or regulations prior to seeking relief
before this Board, as required by the governing Air Force
Instruction. The Air Force office of primary responsibility has
reviewed this application and indicated there is an available
avenue of administrative relief the applicant has not first
pursued. In view of this, we find this application is not ripe
for adjudication at this level, as there exists a subordinate
level of appeal that has not first been depleted. Therefore, in
view of the above, we find no compelling 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 Docket Number
BC-2013-02357 in Executive Session on 4 and 5 Mar 14, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence regarding AFBCMR Docket
Number BC-2013-02357 was considered:
Exhibit A. DD Form 149, dated 7 May 13, w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, AFPC/DPSID, dated 1 Jul 13.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 13.
Panel Chair
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