RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00404
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal with Valor (BSM w/V).

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APPLICANT CONTENDS THAT:

He was awarded the BSM w/V on 22 April 1966; but it does not appear on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  The award is dated eight days prior to his discharge but was not awarded until later.

In support of his request, applicant provides a copy of the BSM w/V and his DD Form 214.

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

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STATEMENT OF FACTS:

Data extracted from the Military Personnel Data System reflect the applicant entered the service on 29 July 1963 and effective 28 August 1967, he was discharged in the grade of airman first class.

He served 4 years and 1 month on active duty.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states the original or reconstructed written award must be made by someone other than the member himself, preferably the commander or supervisor at the time of the act or achievement with firsthand knowledge of the member’s accomplishments.  The recommendation must include the name of the decoration, reason for recognition, inclusive dates of the act and a narrative description of the act.  A proposed citation is required and any chain of command endorsements are encouraged.  Statements from fellow comrades, eyewitness statements attesting to the act, sworn affidavits and other documentation substantiating the recommendation should be included.  Without official documentation verifying he was being awarded or recommended for the BSM/V, DPSIDR recommends disapproval.

The complete DPSIDR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 May 2009 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit C).

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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.  After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence that his records should be corrected to show he was awarded the BSM w/V.  Although the applicant submitted what appears to be a copy of the BSM certificate, without the special order, it cannot be validated he received the award.  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 the applicant has not been the victim of an error or injustice.  In the absence of persuasive evidence to the contrary, we find no compelling basis to recommend favorable consideration of his application.

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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 the application.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00404 in Executive Session on 8 July 2009, under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence was considered:

 Exhibit A.  DD Form 149, dated 27 January 2009, w/atchs.
 Exhibit B.  Letter, HQ AFPC/DPSIDR, dated 5 May 2009.
 Exhibit C.  Letter, SAF/MRBR, dated 22 May 2009.




                                   
                                   Panel Chair
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