RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05763

	 	COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED 



APPLICANT REQUESTS THAT:

His awarded Joint Service Commendation Medal (JSCM) be upgraded to the Bronze Star Medal (BSM).  


APPLICANT CONTENDS THAT:

His initial decoration request was for the BSM; however, it was downgraded to a JSCM without explanation.  Nevertheless, his counterpart and subordinate were both awarded the BSM.  Although the JSCM is a prestigious medal to be awarded after time served in Afghanistan, his supervisor did not believe the commendations were awarded correctly.  Therefore, his supervisor submitted an appeal on his behalf, indicating that he had been a key player in a mass casualty event resulting from enemy indirect fire.  However, the appeal was denied by the Air Force, once again without justification.  Subsequently, he was notified that he was awarded a JSCM, with a First Oak Leaf Cluster.  However, he had not deployed since receipt of the basic JSCM.  As such, there appears to be a glitch in the system and he was awarded two medals for the same timeframe and unjustly denied the BSM.   

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


STATEMENT OF FACTS:

The applicant was serving in the Regular Air Force in the grade of staff sergeant (E-5) during the matter under review.  

On 9 May 12, by permanent order, the applicant was awarded the JSCM for meritorious achievement during the period of 23 Oct 11 to 12 Apr 12.  

On 27 Sep 12, the applicant was honorably discharged, with a narrative reason for separation of “Accept Commission or Warrant In Same Branch of Service”.  He was credited with 7 years, 3 months, and 27 days of total active service.  

On 28 Sep 12, the applicant was commissioned in the Regular Air Force.  

According to AFPC/DPSID, on 11 Oct 12, by permanent order, the applicant was awarded the JSCM (First Oak Leaf Cluster) for meritorious achievement during the period of 23 Oct 11 to 12 Apr 12.  

On 26 Feb 13, the Director, Military Personnel Human Resources Directorate was notified that the applicant was awarded the JSCM, dated 9 May 12, and was subsequently awarded the JSCM (1OLC), dated 11 Oct 12, for the same act and period.  In order to correct his official military records the later award must be revoked.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C and D.  


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  The Bronze Star Medal is awarded to any person who, after 6 Dec 41, while serving in any capacity with the Armed Forces of the United States, distinguished himself or herself by heroic or meritorious achievement or service; not involving participation in aerial flight, under specific circumstances.  There is no evidence in the applicant’s record, nor did the applicant provide any official documentation verifying he or his chain of command attempted to exhaust administrative avenues by requesting reconsideration of the downgrade through the original award approval authority.  In order to reasonably consider the applicant’s request, he needs to submit a recommendation for upgrade from someone with firsthand knowledge of the act/achievement preferably from someone within his chain of command at the time of the act/achievement, a proposed citation, and eyewitness statements.  

In this case, the applicant was awarded the JSCM for the inclusive period from 23 Oct 11 to 12 Apr 12.  He was subsequently awarded the JSCM (1OLC).  This subsequent award constitutes dual recognition as it was awarded for the same act and inclusive period as the basic award of the JSCM.  The only difference is that one award identifies the applicant as a member of the United States Army and the other as a member of the United States Air Force.  An attempt has been made to contact the original award approval authority to have them revoke the JSCM (1OLC).  Once the JSM (1OLC) has been revoked and our office receives the revocation, the JSCM (1OLC) will be removed from the applicant’s official military personnel record.  To grant relief of the applicant’s request would be contrary to the criteria established by DoDM 1348.33, the Secretary of the Air Force, Chief of Staff, and/or the War Department.  

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

SAF/MRBP recommends denial.  After a thorough review of the applicant’s records, to include the supporting documentation, he has not provided official documentation from someone in his chain of command to recommend upgrade or justification as to why the decoration was approved as a JSCM.  Therefore, upgrade is not appropriate.  

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is unable to access the files needed to substantiate his claim because many of the items listed in the respective citation is of a classified nature.  However, he has provided significant references that may assist in the approval of his request.  Specifically, he submitted an AF Form 77, Letter of Evaluation, with his initial application, indicating that he performed beyond his rank and was recommended for the Bronze Star Medal.  Secondly, he has a letter from his first line supervisor verifying that his supervisor’s replacement did not include a significant event that potentially justifies his BSM award.  Thirdly, he has a letter from the individual who submitted the original paperwork for the BSM.  Lastly, he has provided copies of his subordinate’s approved BSM citations that were mentioned in both of the previously stated letters.  The submitted substantiating evidence and facts should be considered in the decision to upgrade his JSCM to a BSM.  

A complete copy of the applicant’s response is at Exhibit F.  


THE BOARD CONCLUDES THAT:

1.  The application was timely filed.  

2.  Insufficient relevant evidence has been presented to demonstrate the existence of 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.  To request an upgrade of the applicant’s JSCM to a BSM, he or his chain of command should attempt to exhaust administrative avenues by requesting reconsideration of the downgrade through the original award approval authority.  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 he has not exhausted all available avenues of administrative relief prior to submitting his application to the AFBCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief.  


The following members of the Board considered AFBCMR Docket Number BC-2013-05763 in Executive Session on 16 Oct 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Dec 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 24 Mar 14.
Exhibit D.  Letter, SAF/MRBP, dated 29 Apr 14.
	Exhibit E.  Letter, SAF/MRBR, dated 15 Sep 14.
	Exhibit C.  Letter, Applicant, dated 18 Sep 14, w/atchs.