RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05892
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Airmans Medal (AmnM) for his heroic actions performed on 26 Sep 03.
APPLICANT CONTENDS THAT:
Despite having his original recommendation for the AmnM downgraded to the AFMC w/1OLC by the Secretary of the Air Force Personnel Council (SAF/PC) on 30 Nov 04, and finally awarded the AFCM w/1OLC on 25 Jan 10, he has been encouraged by past and current leadership to resubmit his award nomination package for the AmnM, for his heroic actions performed on 26 Sep 03.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant currently serves in the Regular Air Force in the grade of master sergeant (E-7).
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The Airman's Medal is awarded to members of the Armed Forces of the United States or foreign military personnel who, while serving in any capacity with the Air Force, distinguish themselves by heroism involving risk of life under conditions other than those involving actual conflict with an enemy. While the applicants actions are commendable, the original approval authority, SAF/PC, determined the applicants actions and applied skills/knowledge he obtained as a Special Tactics Pararescueman in this tragic event did not rise to the level for award of the AmnM and downgraded the recommendation to the AFCM. The applicant has not provided any new documentation that has not previously been reviewed by the original award approval authority. Furthermore, the request should be denied as it is untimely. According to the AFPC/DPPPRA downgrade memorandum dated 30 Nov 04, the applicant and/or his chain of command had until 30 Nov 05 to submit additional justification for a one-time reconsideration. While the applicant and/or his chain of command had until 30 Nov 05 to appeal the downgrade, it appears no such attempt was made until 2010, which is well beyond the granted appeal timeframe. No reasonable justification has been provided as to why an appeal is being made now almost ten years after the original approval authority downgraded the AmnM to the AFCM.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice and concurs with AFPC/DPSIDs recommendation for disapproval for upgrade of the AFCM to the AmnM.
A complete copy of the SAF/MRBP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 18 Aug 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2013-05892 in Executive Session on 11 Dec 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 27 Mar 14.
Exhibit D. Memorandum, SAF/MRBP, dated 29 Apr 14.
Exhibit E. Letter, SAF/MRBR, dated 18 Aug 14.
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