RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02573
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

He be awarded the  Bronze  Star  Medal  (BSM)  for  meritorious  service  in
Vietnam.

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APPLICANT CONTENDS THAT:

He was nominated for the Bronze Star Medal by  his  commanding  officer  and
never received the award.

In support of his appeal, the applicant provided  letters  from  his  former
commander dated 19 May 1970 and 22 January 2002 and other documentation.

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

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STATEMENT OF FACTS:

During the time period in question, the applicant was  serving  on  extended
active duty in the grade of first lieutenant.

On 4 July 1970, the applicant was separated in the grade of  captain,  under
the provisions of AFR 36-12 (Released Upon Established Date of  Separation).
 He served a total of 4 years, 9 months, and 3 days total active duty.

Per AFPC/DPPPR the applicant’s DD Form 214 should reflect award of  the  Air
Force Outstanding Unit Award with V device, Republic of Vietnam  Honor/Medal
First Class, Republic of Vietnam Gallantry Cross with Palm, and Republic  of
Vietnam Civil Actions Unit Citation.  They further  state  that  these  will
not be added until the AFBCMR has rendered a decision regarding the BSM.



The BSM is awarded to individuals who distinguish themselves  by  heroic  or
meritorious achievement or service, not involving  participation  in  aerial
flight, while engaged in  action  against  an  enemy  or  while  engaged  in
military operations involving conflict.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that there is  no  indication
in the applicant’s records that he was  recommended  for,  or  awarded,  the
BSM.  The applicant provided a copy of the  19  May  1970  letter  that  his
[then] commanding officer sent to 7th Air Force, requesting a check  on  the
status of the BSM recommendation he had submitted.   He  asked  that  he  be
advised of the procedures to follow  if  the  original  nomination  was  not
located.

A copy of  the  applicant’s  Officer  Performance  Reports  (OPRs)  and  the
citation for the Republic  of  Vietnam  Honor  Medal,  First  Class,  is  at
attachment 2.  Note:   The  citation  has  the  incorrect  heading  of  “The
Vietnam Medal of Honor (First Class).”  Republic of  Vietnam  units  awarded
the Republic of Vietnam Honor Medal to members of  their  counterpart  units
for  meritorious  service,  which  contributed  in  the  Vietnamese   unit’s
success; First Class was awarded  to  officers,  Second  Class  to  enlisted
personnel.

The only official documentation regarding a recommendation for award of  the
BSM being submitted into  official  channels  (signed  by  the  recommending
official and endorsed by the next higher official in the chain  of  command)
is the 19 May 1970 letter from the applicant’s [then] commanding officer  to
7th Air Force, requesting the status  of  the  recommendation  package.   No
copy of the response was provided.  There would be no reason to put  a  copy
of the letter, or the response, into the  applicant’s  records.   Since  the
applicant has not provided any  other  documentation  showing  that  he  was
recommended for the  BSM,  they  cannot  verify  his  eligibility  for  this
decoration.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 September 2002, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within thirty (30) days.

The applicant provided a letter dated  28  September  2002,  requesting  his
case be temporarily withdrawn (Exhibit E).



On  23  October  2002,  the  applicant  provided  additional   documentation
reopening his case (Exhibit G).

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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 an 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  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an  error  or  injustice.   There  is  no  indication  in  the
applicant’s records that he was officially recommended for, or  awarded  the
BSM.  While we note the letter from the applicant’s then commanding  officer
requesting the status of the recommendation package  of  the  BSM,  we  find
there was no response provided regarding the status of the  award.   In  the
Board’s opinion it is quite  possible  the  recommendation  was  simply  not
approved.  The applicant has not established to  our  satisfaction  that  he
was awarded the Bronze Star.  In the absence of evidence  to  the  contrary,
we find no compelling basis to recommend granting the relief sought in  this
application.

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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.

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The following members of the Board considered AFBCMR Docket Number  02-02573
in Executive Session on 21 November 2002, under the provisions  of  AFI  36-
2603:

                  Mr. Albert F. Lowas, Jr., Panel Chair
                  Mr. James E. Short, Member
                  Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 July 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 17 September 2002,
                   w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 20 September 2002.
   Exhibit E.  Letter, Applicant, dated 28 September 2002.
   Exhibit F.  Letter, AFBCMR, dated 11 October 2002.
   Exhibit G.  Letter, Applicant, dated 17 October 2002, w/atchs.





                                ALBERT F. LOWAS, JR.
                                Panel Chair