RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00061
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her records be corrected to reflect award of the Bronze Star
Medal (BSM).
APPLICANT CONTENDS THAT:
The Army approved her for award of the BSM for her actions in
combat while deployed to Afghanistan. After receiving an
Article 15 subsequent to her deployment, the Air Force revoked
the BSM and she was never issued the medal. The BSM was earned
by actions not related to the Article 15 she received and it is
unjust to punish her twice.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 16 Dec 93, the applicant enlisted in the Regular Air Force.
On 1 Jan 14, she retired from active duty and was credited with
20 years and 15 days of total active service.
According to documentation provided by the applicant, on 8 Aug
12, she was awarded the BSM for exceptionally meritorious
service as the flight superintendent while deployed in support
of Operation Enduring Freedom from 7 Mar 12 to 7 Sep 12.
On 6 Nov 12, the applicant received an Article 15 for adultery,
in violation of Article 134 of the Uniform Code of Military
Justice (UCMJ). As a result, her punishment consisted of
reduction to the grade of technical sergeant (E-6) (suspended),
forfeiture of $1,794.00 pay and a reprimand.
On 6 Nov 12, the applicant acknowledged receipt of the Article
15 punishment and, on 7 Nov 12, elected not to appeal.
On 18 Jan 13, the Article 15 was reviewed and determined to be
legally sufficient.
On 14 Apr 13, the applicants permanent orders authorizing the
award of the BSM was revoked.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The applicants BSM was revoked
by the original approval authority, the Army. The revocation is
not additional punishment as the applicant contends because the
award would not have been made if the action causing the Article
15 was known prior to the award. Additionally, Army Regulation
(AR) 600-8-22 requires an award be revoked if subsequent
information is revealed that would not have warranted the award
had it been known at the time of the award. The actions by the
approval authority to revoke the BSM are correct and well within
the regulations, as the applicants service during the inclusive
award period was not honorable and resulted in Article
15 punishment.
The complete DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial. After review of the applicants
request, supporting documents, the BSM criteria, the Army
Regulation, and DPSIDs advisory, they concur with DPSID in
recommending disapproval for award of the BSM. The previous
decision to revoke the BSM is within the guidelines of AR 600-8-
22, paragraph 1-17.
The complete 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 20 Jun 14 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 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. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt the rationale expressed as the basis
for our conclusion the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary,
we find no basis to recommend the relief sought in 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-2014-00061 in Executive Session on 9 Dec 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Feb 14, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 25 Apr 14.
Exhibit D. Letter, SAF/MRBP, dated 29 May 14.
Exhibit E. Letter, SAF/MRBR, dated 20 Jun 14.
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