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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