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 applicants 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 applicants 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 applicants 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
applicants 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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