RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03351
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Global War on Terrorism Service Medal 
(GWOT-S). (Administratively Corrected)

2.  He be awarded the National Intelligence Medal of Achievement 
(NIAMOA). (Administratively Corrected)

3.  The “V” device for Valor be added to his Air Force 
Commendation Medal (AFCM) he was awarded on 29 Mar 74.

In his response to the Air Force evaluation, the applicant 
requested award of the original request for the Bronze Star 
Medal (BSM), if he cannot be awarded the AFCM, w/V device.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the AFCM w/V device for his service in 
South East Asia (SEA} as an Airborne Targets Officer from 20 Feb 
73 to 4 Feb 74.  

When he was reassigned from his unit in SEA, he was given a copy 
of the BSM write up for which he was being submitted for while 
assigned to a command and control squadron in Thailand.  He was 
made aware that this was not an approved award, but merely 
provided as a courtesy and that it had to pass through the full 
review and approval process.  His decoration submission had to 
pass from the wing level to the Numbered Air Force and was 
downgraded to an AFCM.  

In support of his appeal, the applicant provides copies of his 
AFCM award elements, the recommendation for the AFCM, the 
narrative, orders and various other supporting documents.

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

________________________________________________________________


STATEMENT OF FACTS:

Based on the available records, the applicant was relieved from 
active duty, on 31 Jul 02, in the grade of colonel.  

He was credited with 30 years and 17 days of active duty service 
for retirement.

The applicant’s record will be corrected administratively to 
reflect award of the GWOT-S and the NIAMOA.  

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant's request for 
award of the “V” device to the AFCM.  The AFCM was awarded to 
the applicant on 29 Mar 74; the “V” device was not authorized 
for the AFCM until on or after 11 Jan 96.  To grant the 
applicant relief would be contrary to the eligibility criteria 
established by AFI 36-2803, The Air Force Military Awards and 
Decorations Program.

In accordance with AFI 36-2803, Table 2-1, Note 22: award of the 
“V” device for a contingency deployment operation will be 
dependent upon the area of operation being declared a hostile 
environment by the Joint Chiefs of Staff: or hostile acts 
identified by the unified commander or higher authority.  Award 
of the “V” device is based solely on the acts or services of 
individuals who meet the basic criteria of the AFCM, and who are 
exposed to personal hazards due to direct hostile action during 
a contingency deployment operation.  For a single event, Air 
Force Component Commanders may authorize the “V” device when a 
single event, i.e., terrorist act, isolated combat-type 
incident, etc., warrants the “V” device distinction.  The “V” 
device will not be awarded for normal peacetime acts or 
services.  Award of the “V” device is authorized only for events 
or situations which occurred on or after 11 Jan 96.

In accordance with DoDM 1348.33-V3, Military Awards Program, 
Enclosure 3, paragraph 10.(4): Members may accept decorations 
and awards awarded by Federal agencies; the Secretary concerned 
will determine if military members are authorized to wear 
Federal agency decorations and awards.

In accordance with AFI 36-2903, Dress and Personal Appearance of 
Air Force Personnel, paragraph 11.5.44 Air Force members may 
wear United States nonmilitary decorations.  It further provides 
an order of preference for nonmilitary decorations.  According 
to paragraph 11.5.44.9., members may wear only those decorations 
and ribbons awarded by federal agencies and earned while in 
military service.

After a thorough review of the applicant's official military 
personnel records, DPSID was able to verify award of the GWOT-S 
and the NIAMOA.

The complete DPSID is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

He meets all the requirements cited in the DPSID letter and 
AFI 36-2803 for award of a "V" device to his AFCM with the 
exception of the 11 Jan 96 date.  Specifically, the SEA Conflict 
was a declared hostile environment/conflict; the acts of service 
cited in his AFCM citation and original Bronze Star Medal (BSM) 
justification clearly meet the basic criteria for the AFCM.  He 
was exposed to personal hazards due to direct hostile action 
during a contingency or conflict.  He participated in Combat 
Operations against hostile enemy forces in SEA, to include the 
North Vietnamese, Pathet Lao, and Khmer Rouge.

In the 1973-1974 timeframe there was no "V" device available for 
award along with an AFCM, and current AFI 36-2803 date 
guidelines may preclude prior-dated awards of a "V" device. 
However, he submits that his case would support the addition of 
a "V" device to the AFCM by the USAF today and requests either a 
waiver be granted to the date guidelines in AFI 36-2803 to allow 
award of the "V" device to his AFCM or that the original BSM 
justification be considered by the board. 

The applicant’s complete response is at Exhibit E.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice to warrant 
award of the AFCM, w/V.  In this respect, we note that the 
applicant requests a waiver to the criteria for awarding the “V” 
device to his AFCM; however, he has not provided sufficient 
evidence that would warrant an exception to policy.  We believe 
awarding the “V” device without sufficient evidence would be 
unfair to others similarly situated and establish a basis for 
circumventing the procedures in place.  As such, we agree with 
the opinion and recommendation of the Air Force office of 
primary responsibility and adopt its rationale as the basis for 
our conclusion that relief beyond that granted administratively 
is not warranted.  Regarding the applicant’s alternative request 
that the original BSM submission be considered.  We reviewed the 
recommendation for decoration for the BSM submitted by the 
applicant; however, in our opinion, the applicant has not 
provided sufficient evidence to persuade us that the decision to 
downgrade it to the AFCM was in error or unjust.  Therefore, we 
find no basis to favorably consider this portion of the 
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-2013-03351 in Executive Session on 6 May 2014, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

Although Ms. Barger chaired the panel, in view of her 
unavailability, Mr. Kearney has signed as Acting Panel Chair. 
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jun 13, w/atchs. 
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 16 Sep 13.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 13.
    Exhibit E.  Letter, Applicant, dated 11 Nov 13.




                                   Acting Panel Chair