RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS.

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03365
                                             INDEX CODE:  107.00
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM), First Oak Leaf  Cluster  (1OLC)  be
upgraded to a Bronze Star Medal (BSM) for his service during the  period  12
August 1970 to 18 April 1971.

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APPLICANT CONTENDS THAT:

He served his country with honor and pride for  20  years,  to  include  his
tenure in Vietnam.  He retired with an “Honorable Discharge,”  and  believes
his  request  for  upgrade  from  his  AFCM  to  a  BSM  warrants  favorable
consideration.

He strongly believes that he is entitled to the  BSM  because  he  has  been
diagnosed with a combat related illness contracted from  exposure  to  Agent
Orange while serving in Vietnam.  Furthermore, the  Veterans  Administration
office has awarded him 90% disability  for  this  illness.   He  served  his
country with great honor and pride, and is extremely proud to be  a  Vietnam
Veteran.

In support of his request,  applicant  submits  copies  of  his  transmittal
letter, the recommendation  for  a  BSM,  Citation,  Certificates  (3),  his
separation document and a letter from the  Department  of  Veterans  Affairs
(DVA).  The applicant’s complete submission, with attachments is at  Exhibit
A.

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STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 3 February 1959 in  the
grade of airman basic for a period of three  years.   He  was  progressively
promoted to the grade of technical sergeant and was retired on 1 April  1981
for years of service.  He was credited with 22 years, 1 month  and  28  days
of active duty service.

The applicant was awarded the AFCM  (1OLC)  for  meritorious  service  as  a
Combat Support Group Secretary/Custodian of the Airman’s Open Mess, Tan  Son
Nhut AB, Republic of Vietnam during the period 12 August 1970  to  18  April
1971.

The  applicant’s  separation  document  reveals  he  received  the   Defense
Meritorious Service Medal; Air Force Commendation Medal (2OLC);  Small  Arms
Expert Marksmanship Ribbon; Army Good Conduct  Medal;  Air  Force  Longevity
Service Award (4 OLC);  National  Defense  Service  Medal;  Vietnam  Service
Medal with  2  Bronze  Stars;  Air  Force  Outstanding  Unit  Award  (4OLC);
Republic of Vietnam Campaign Medal;  Republic  of  Vietnam  Gallantry  Cross
with Palm, and the Air Force Good Conduct Medal (5OLC).

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR stated that the applicant served  on
active duty from 3 February 1959 to 31 March 1981, with an overseas tour  in
Vietnam 12 August 1970 to  18 April  1971.   The  applicant’s  DD  Form  214
reflects all of  the  awards  and  decorations  to  which  he  is  entitled.
Although the applicant did not provide a copy  of  the  order  and  citation
awarding him the AFCM (1 OLC), a copy was found in  his  military  personnel
record.  The citation for the AFCM (1OLC) with the exception of the  opening
and closing statements, are exactly the same as  the  proposed  Bronze  Star
Medal (BSM) citation.

DPPPR stated that the BSM is awarded  to  service  members  who  distinguish
themselves by heroic or meritorious achievement or  service,  not  involving
participating in aerial flight, under any of  the  following  circumstances:
(1) while engaged in an action against an enemy of the  United  States;  (2)
while engaged in military operations involving  conflict  with  an  opposing
foreign force; or (3) while serving with friendly foreign forces engaged  in
an armed conflict against an  opposing  armed  force  in  which  the  United
States is not a belligerent party.

DPPPR notes that the recommendation package for the BSM was  submitted  into
official channels and forwarded  to  13th  Air  Force  for  final  approval.
Since the 7th and 13th Air Forces’ Decoration  Review  Boards  reviewed  all
decorations at that time, they were in the best position to determine  which
recommendations  for  the  BSM  should  be  awarded  and  which  should   be
downgraded to the AFCM in order to provide consistency in decorations.

DPPPR concluded by stating that the applicant has not made  any  effort  for
almost 30 years to have his AFCM  (1OLC)  upgraded;  has  not  provided  any
documents showing he submitted a request for upgrade through  administrative
channels while still on active duty (which is to be done within one year  of
the final approval date; and has not  provided  any  justification  for  the
upgrade or support from anyone in his [then] chain of command.

A copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  19
December 2003 for review and comment within 30 days.  As of this date,  this
office has received no response.

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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  error  or  injustice.   We  took  notice  of  the  applicant’s
contention that he should be awarded the Bronze Star Medal (BSM) because  he
was diagnosed with a combat related  illness  contracted  from  exposure  to
Agent Orange while serving in Vietnam, however, we are not persuaded by  the
evidence  presented  that  his  contention  possesses  merit.    While   the
applicant was recommended for award of the  BSM  by  unit  authorities,  the
recommendation was downgraded  to  an  AFCM,  1OLC  by  the  award  approval
authority.  The applicant has provided no evidence that  would  lead  us  to
believe that  this  decision  was  unjust,  that  erroneous  standards  were
applied in his  case,  or  that  the  award  approval  authority’s  decision
represents an abuse of discretionary authority.   While  we  appreciate  and
honor the applicant’s service to his country,  in  view  of  the  above  and
absent persuasive evidence showing his records are in error or  unjust,  the
applicant’s request cannot be favorably considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 11 March 2004, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Renee M. Collier, Member
            Mr. Joseph D. Yount, Member

The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2003-03365:


      Exhibit A.  DD Form 149, dated 6 Oct 03, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 2 Dec 03, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.




      MICHAEL K. GALLOGLY
      Panel Chair