RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02456
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His Defense Meritorious Service Medal (DMSM) be changed to reflect
he was awarded the Bronze Star Medal (BSM).
APPLICANT CONTENDS THAT:
The DMSM is awarded in the name of the Secretary of Defense to any
active duty member of the U.S. Armed Forces, who, while serving in
a joint activity, distinguishes himself or herself by non-combat
meritorious achievement or service. His record shows
exceptionally meritorious combat service while deployed in support
of Operation Enduring Freedom for a period of just over six
months. Due to past abuses, a hostile joint and Air Force staff
environment prevented airmen who were deployed for less than one
year from being submitted for a BSM. Thus, he was submitted and
approved for a DMSM. There is no duration requirement for the
BSM.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 26 June 1998
through 30 November 2012. He is currently serving in the Air
Force Reserves as a lieutenant colonel. He was awarded the
Defense Meritorious Service Medal per International Security
Assistance Force Joint Command, Permanent Order 130-01, dated
10 May 2010, for exceptionally meritorious service while
assigned to a joint activity from 12 November 2009 to 15 May
2010.
AIR FORCE EVALUATION:
AFPC/DPSID recommends approval. The BSM is awarded to any person
who, after 6 December 1941, while serving in any capacity with
the Armed Forces of the United States, distinguishes himself or
herself by heroic or meritorious achievement or service, not
involving participating in aerial flight, under any of the
following circumstances: while engaged in an action against an
enemy of the United States, while engaged in military operations
involving conflict with an opposing foreign force, or while
serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United
States is not a belligerent party.
The DMSM is awarded in the name of the Secretary of Defense to
any active duty member of the United States Armed Forces who,
while serving in a joint activity, distinguishes himself or
herself by non-combat meritorious achievement or service. The
meritorious service is generally for a period of time greater
than 12 months and encompassing an individual's entire joint
assignment, including any extensions. The required achievement
or service, while of a lesser degree than that required for
award of the Defense Superior Service Medal, must have been
accomplished with distinction. Service members assigned and/or
attached to a Joint Task Force as individuals (not as members of
a service unit) may also be eligible for the DMSM. Members of
service-unique units assigned and/or attached to a Joint Task
Force retain eligibility for award of personal decorations from
their parent services. They may not be awarded Defense/Joint
decorations.
The DMSM shall only be awarded to members of the United States
Armed Forces who, after 3 November 1977, distinguished themselves
by non-combat meritorious achievement or service. The DMSM is
specifically intended to recognize exceptionally meritorious
service performance and to honor an individual's accomplishments
over a sustained period. Only under the most unusual
circumstances will the DMSM be awarded as an impact award for
outstanding temporary duty achievement. The DMSM will not be
awarded for any period of service for which a Military
Department medal is awarded.
AFPC/DPSID was unable to verify the upgrade of the Defense
Meritorious Service Medal to the Bronze Star Medal. The
applicant did not provide a recommendation from someone with
firsthand knowledge of the act or achievement and preferably in
his direct chain of command, a proposed citation, or eyewitness
statements from those who saw the applicant's act/achievement.
The applicant did not provide a signed recommendation, proposed
citation or eyewitness statements; however, after reviewing the
DMSM citation, it appears the BSM (a combat decoration) is the
more appropriate level of decoration to recognize the
applicant's act/achievement in a combat zone than the DMSM (a
noncombat decoration).
The complete AFPC/DPSID evaluation is at Exhibit C.
SAF/MRBP recommends the BCMR seek an advisory from USAFCENT/A1 and
their decorations board. SAF/MRBP concurs with AFPC/DPSIDs
opinion that the DMSM, a non-combat award, was not appropriate for
the members deployed service. SAF/MRBP also concurs that the
applicant did not provide a recommendation from his chain of
command, or from someone with first-hand knowledge of his actions,
that would justify awarding the BSM. Although AFPC/DPSID states a
BSM is the more appropriate level of recognition for a combat zone
and recommends approval, it could not be determined if the BSM is
appropriate.
The complete SAF/MRBP evaluation is at Exhibit D.
CENTCOM recommends denial. The applicant was recommended for a
DMSM, not a BSM. The medal was not downgraded and the supervisor
has the discretion to choose the appropriate award for their
subordinates. Army rules state the recommender would have to
request revocation of the DMSM and resubmit the member for the BSM
with justification as to why they did not submit him for the
higher award from the beginning.
The complete CENTCOM evaluation, with attachments, is at
Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted statements from his direct supervisor and
a witness statement from a superior officer with whom he served
while on this tour of duty.
The applicants complete response, with attachments, is at
Exhibit G.
THE BOARD CONCLUDES THAT:
1. The applicant has not 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 applicants complete submission in judging the
merits of the case. While we note the opinion and recommendation
of AFPC/DPSID to grant the application and SAF/MRBPs concurrence
the BSM seems to be the appropriate award; we are not persuaded
that relief is warranted at this time. 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. CENTCOM has
reviewed this application and noted the applicant has not appealed
through the original chain of command. CENTCOM noted the original
recommender of the DMSM must request the award be revoked and
justify to that chain why the applicant was not recommended for
the higher award. In view of this, we find this application is
not ripe for adjudication at this level, as there is a subordinate
level of appeal that has not first been depleted. Therefore, in
view of the above, we find no basis to recommend granting this
portion of the applicants request.
4. The applicants 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
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-2014-02456 in Executive Session on 5 March 2015, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jun 14, w/atchs.
Exhibit B. Applicants Master Personnel Record Excerpts.
Exhibit C. Letter, AFPC/DPSID, dated 22 Aug 14.
Exhibit D. Letter, SAF/MRBP, undated.
Exhibit E. E-mail, CENTCOM, dated 5 Nov 14, w/atchs.
Exhibit F. Letter, SAF/MRBR, dated 26 Jan 15.
Exhibit G. Letter, Applicants Response, dated 23 Feb 15,
w/atchs.
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