RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03520
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His previously awarded Air Force Commendation Medal (AFCM) be
upgraded to the Airman's Medal (AmnM).
________________________________________________________________
APPLICANT CONTENDS THAT:
He meets the criteria for award of the AmnM, however, due to
mismanagement and excessive delays, the AmnM was denied and
instead he was awarded the AFCM.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of major (O-4).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that in accordance
with DoDM 1348.33, Manual of Military Decorations and Awards,
the AmnM is awarded to members of the Armed Forces of the United
States or foreign military personnel who, while serving in any
capacity with the United States Air Force, distinguish
themselves by heroism involving risk of life under conditions
other than those for actual conflict with an enemy. In 2009 the
original approval authority considered and denied the
applicant's package for award of the AmnM as not meeting the
criteria established for the award. The applicant then
submitted for reconsideration in 2011; however, his package
lacked proper MAJCOM endorsement and the Air Force Decorations
Board (AFDB) returned the package without action. The
applicant's MAJCOM has since awarded the applicant the AFCM for
his actions and the applicant is now seeking an upgrade to the
AmnM. Award of any decoration for the same inclusive period and
act constitutes dual recognition and is prohibited by DoDM
1348.33.
The complete DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial. MRBP states that the AFDB
considered the applicant (and another Air Force officer) for
award of the AmnM on 7 Aug 2009 and disapproved the award,
recommending downgrade to the AFCM for an act of courage. The
recommendation for the AmnM was signed on 8 Jun 2009 by the
Commander, Air Education and Training Command (AETC).
Subsequently, the 58th Special Operations Wing (SOW) Commander
approved the AFCM for an act of courage, Special Order GZ-285,
dated 6 Mar 2012.
On 23 Oct 2012, the AFDB received a request for award
reconsideration which included a recommendation of the 58th SOW
Commander dated 1 Apr 2011; the package did not include a
recommendation from the AETC Commander or his designee. Also
included in the file was the AFBCMR request for upgrade to the
AmnM. The AFDB closed the case on 14 Nov 2012 based on the
AFBCMR application. The AFBCMR application contains an undated
and unsigned recommendation memorandum by the Vice Commander,
AETC. The only difference between the initial memorandum signed
by the AETC CC and the AFBCMR AETC CV memorandum is that the
AETC CV memorandum is a recommendation only for the applicant
and does not mention the name of the other Air Force officer who
was assisting in this act. The applicant provides an email
documenting a delay in the award recommendation process, and the
1 Apr 2011 memorandum from the 58th SOW Commander which clarifies
conflicting information in the original recommendation package.
MRBP states that the applicant has not provided additional
compelling information that would warrant a change to the
original AFDB decision. The additional information does not
expand on the act to show an act of heroism, but expands on the
act of courage that was previously awarded.
The complete MRBP evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 Apr 2013, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit E).
________________________________________________________________
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 error or injustice. After a
thorough review of the available evidence, we are not persuaded
the award of the AmnM is warranted. The Board acknowledges the
act of courage and personal sacrifices of the applicant on 6 Jan
2008; however, we believe his commander acted within his
authority in determining the AFCM was the most appropriate award
for his efforts at that time, rather than the AmnM. While we
note the administrative delay in processing his award, we do not
find any evidence that would convince us to conclude that he was
entitled to a higher level award. Therefore, we agree with the
opinions and recommendations of the Air Force OPRs and adopt
their rationale as the basis for our conclusion the applicant
has not been the victim of an error or injustice. In the
absence of persuasive evidence to the contrary, we find no basis
to recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 in Docket number
BC-2012-03520 in Executive Session on 15 Jan 2013, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-03520:
Exhibit A. DD Form 149, dated 6 Aug 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSID, dated 17 Jan 2013.
Exhibit D. Letter, Letter, SAF/MRBP, dated 27 Mar 2013.
Exhibit E. Letter, Letter, SAF/MRBR, dated 6 Apr 2013.
Panel Chair
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