RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03339 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be corrected to reflect the Bronze Star Medal (BSM). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He should have been awarded the BSM for his service in Vietnam. In support of his request, applicant provided his personal narrative of his tour in Southeast Asia (SEA), a copy of his United States Official Passport, stating he was abroad on an official assignment, various documents and certificates pertaining to his tour in SEA, and a copy of his retirement order. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The member served on active duty in the Regular Air Force from 17 Aug 54 - 31 Aug 74, as an operating room technician. He served continuously until his voluntary retirement on 1 Sep 74. Applicant served in Thailand, from 2 Jun 68 – 14 Aug 69 and Vietnam, from 14 Aug 69 – 2 Dec 69. ________________________________________________________________ _ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states they were unable to verify that he was either awarded the BSM or recommended for award of the BSM while he was serving in Vietnam. The BSM recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the Silver Star. It also recognizes single acts of merit and meritorious service if the achievement or service is of a lesser degree than that deemed worthy of the Legion of Merit; but such service must have been accomplished with distinction. DPSIDR was able to verify the applicant’s entitlement to the Presidential Unit Citation (PUC), the Air Force Outstanding Unit Award with Valor (AFOUA w/V), 4 Bronze Service Stars (BSS) to the Vietnam Service Medal (VSM) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). A DD Form 215 has been issued with these changes. DPSIDR’s complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 Dec 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. ________________________________________________________________ _ 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 error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, 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 the applicant has not been the victim of an error or injustice. We note his records were administratively corrected to add the the PUC, AFOUA w/V, 4 BSS to the VSM, and the RVNGC w/P, however he was not able to present conclusive evidence to support his contention he was awarded the BSM. While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ _ 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 Docket Number BC-2007-03339 in Executive Session on 20 Feb 08, under the provisions of AFI 36-2603: XXXXXXXXXXXX, Panel Chair XXXXXXXXXXXX, Member XXXXXXXXXXXX, Member The following documentary evidence pertaining to Docket Number BC-2007-03339 was considered: Exhibit A. DD Form 149, dated 27 Sep 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 3 Dec 07. Exhibit D. Letter, SAF/MRBR, dated 21 Dec 07. XXXXXXXXXXXXX Panel Chair