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AF | BCMR | CY1999 | 9803469
Original file (9803469.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03469
                 INDEX CODE:  107

                 COUNSEL:  NONE

                 HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the award of the Bronze  Star  Medal  with  Valor  for  his
actions on 21 August 1965 in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The original recommendation for the award was destroyed by an  officer
based entirely on racial hatred, not for  lack  of  merit.   Applicant
states that he does not feel that the award should be  treated  as  an
upgrade to the Air Force Commendation Medal (AFCM).

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate Air Force  office  of  primary  responsibility  (OPR).
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Recognition  Programs  Branch,  Promotion,  Evaluation  &
Recognition Division, HQ AFPC/DPPPR, states  that  the  applicant  has
attempted since 1968 to obtain the Bronze Star Medal  with  Valor  for
which he was originally recommended and submitted for  (based  on  his
records).  In 1998, he  requested  a  one-time  upgrade  consideration
under the National Defense Authorization Act (NDAA) of 1996.  The case
was forwarded to the Secretary of  the  Air  Force  Personnel  Council
(SAFPC) Awards Board for consideration.  The board denied the  request
for upgrade  of  the  AFCM  to  the  Bronze  Star  Medal  with  Valor.
AFPC/DPPPR believes that the applicant’s actions  on  21  August  1965
have been appropriately recognized with the awarding of the  AFCM  for
outstanding achievement.  They recommend the  applicant’s  request  be
denied.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
25 January 1999  for  review  and  response.   Applicant  submitted  a
response and states, in part, that this action was not merely  a  case
of  having  performed  his  assigned  administrative   duties   in   a
meritorious manner, in which case a commendation medal would  suffice.
This act involved risking his (applicant’s) life to save human  lives,
not stopping to think that his five children might lose their dad.

A copy of applicant’s  response,  with  attachments,  is  attached  at
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.  Sufficient relevant evidence has been presented to demonstrate the
existence  of  probable  error  or  injustice  to  warrant   favorable
consideration to the applicant’s request for the award of  the  Bronze
Star Medal with Valor.  After a review of the available  evidence,  it
appears that the applicant was recommended  for  a  Bronze  Star  with
Valor for an action on 21 August 1965 while serving at  Bien  Hoa  Air
Base, Vietnam.  However, the recommendation  was  downgraded  and  the
applicant received an Air Force Commendation  Medal  (AFCM)  for  this
action.  After reviewing the definitions of the AFCM  and  the  Bronze
Star Medal and, reading the testimony of an officer who was one of the
individuals that the applicant moved to safety, we  believe  that  the
Bronze Star Medal is the more appropriate award.   The  AFCM  is  more
likely awarded for outstanding achievement or meritorious service.  We
believe that the applicant, being under mortar attack,  did  risk  his
life to save others and he should be  rewarded  with  the  appropriate
medal for heroism that  was  originally  recommended.   Therefore,  we
recommend in all fairness  to  the  applicant,  that  his  records  be
corrected to the extent indicated below.

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  competent  authority
determined that his actions on 21 August 1965, at Bien Hoa  Air  Base,
Vietnam, merited the award of the Bronze Star  Medal  with  Valor  for
heroism, rather than the Air Force Commendation Medal, First Oak  Leaf
Cluster.

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 August 1999, under the provisions of  AFI  36-
2603:

                  Mr. Wayne R. Gracie, Panel Chair
                  Mr. Lawrence R. Leehy, Member
              Ms. Leta L. O’Connor, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Nov 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 12 Jan 99.
   Exhibit D.  Letter, AFBCMR, dated 25 Jan 99.
   Exhibit E.  Applicant’s Letter, dated 21 Feb 99, w/atchs.




                                   WAYNE R. GRACIE
                                   Panel Chair


INDEX CODE:  107

AFBCMR 98-03469




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to   , be corrected to show that competent authority
determined that his actions on 21 August 1965, at Bien Hoa Air Base,
Vietnam, merited the award of the Bronze Star Medal with Valor for
heroism, rather than the Air Force Commendation Medal, First Oak Leaf
Cluster.







   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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