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AF | BCMR | CY2013 | BC 2013 05077
Original file (BC 2013 05077.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05077

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Defense Meritorious Service Medal (DMSM) be upgraded to the 
Bronze Star Medal (BSM).


APPLICANT CONTENDS THAT:

He was awarded the DMSM for actions performed in a combat zone.  
Per directives, the BSM is warranted for acts of merit or 
meritorious service in a combat zone.

The applicant’s complete submission, with attachment, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant was awarded the DMSM for his meritorious service 
while assigned at a joint activity from 18 Oct 04 to 16 Oct 06.

The BSM is awarded to any person who, after 6 Dec 41, while 
serving in any capacity with the Armed Forces of the United 
States, distinguishes himself or herself by heroic or meritorious 
achievement or service, not involving participation in aerial 
flight, under any of the following circumstances:  while engaged 
in an action against an 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 is not a belligerent party.

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits C and D.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an 
error or injustice.  The applicant only provided a copy of the 
approved citation for his DMSM in support of his request.  There 
is no official documentation to support upgrading the DMSM to the 
BSM.  The applicant was recommended for and awarded the DMSM as 
the appropriate award for recognition of his service as determined 
by the original award approval authority at the time the act or 
achievement.  The applicant has not provided sufficient 
documentation verifying an injustice exists.  He has not provided 
a recommendation for upgrade to the BSM from someone with 
firsthand knowledge and preferably in his direct chain of command 
at the time the act or achievement occurred, a proposed citation, 
or eyewitness statements from those who saw his act or achievement 
in order for his request to be reasonably considered. 

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

SAF/MRBP concurs with the recommendation of AFPC/DPSID to 
disapprove upgrading the applicant’s DMSM to the BSM.  The 
original award approval authority determined the DMSM was the 
appropriate level of award to recognize the applicant for his 
meritorious service while assigned to a joint activity.  There is 
documentation or justification to support upgrading the DMSM to 
the BSM. 

A complete copy of the SAF/MRBP evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 20 May 14 for review and comment within 30 days (Exhibit E).  
As of this date, no response has been received by this office.


FINDINGS AND CONCLUSIONS:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
Applicant did not file within three years after the alleged error 
or injustice was discovered as required by Title 10, United States 
Code, Section 1552 and Air Force Instruction 36-2603.  Applicant 
has not shown a plausible reason for the delay in filing, and we 
are not persuaded that the record raises issues of error or 
injustice which require resolution on the merits.  Thus, we cannot 
conclude it would be in the interest of justice to excuse the 
applicant’s failure to file in a timely manner.


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the decision 
of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number 
BC_2013-05077 in Executive Session on 11 Sep 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Oct 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 2 Jan 14.
Exhibit D.  Letter, SAF/MRBP, dated 10 Feb 14.
Exhibit E.  Letter, SAF/MRBR, dated 20 May 14.




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