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AF | BCMR | CY2014 | BC 2014 02456
Original file (BC 2014 02456.txt) Auto-classification: Denied
             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 applicant’s 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/DPSID’s 
opinion that the DMSM, a non-combat award, was not appropriate for 
the member’s 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 applicant’s 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 applicant’s 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/MRBP’s 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 applicant’s request.

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 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.  Applicant’s 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, Applicant’s Response, dated 23 Feb 15, 
	            w/atchs.







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