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AF | BCMR | CY2004 | BC-2004-02427
Original file (BC-2004-02427.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02427
                                       INDEX CODE:  107.00
                                             COUNSEL: NO

                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show the addition of the “V”  device  for  valor
to his already-awarded Bronze Star Medal (BSM).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned the “V” device on 1 January 1968 in Saigon.  It has been 35  years
since Vietnam and he needs VA assistance but they tell him the  Bronze  Star
is a “country club membership” unless it has a “V” device.  He believes  his
performance under fire during TET 68 deserves the “V” device.

In support of his application, the applicant provides copies of his DD  Form
214s and a  nine-page  “Stressor  Letter”  of  his  tour  in  Vietnam.   The
applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 5 November  1963,  the  applicant  was  appointed  a  second  lieutenant,
Reserve of the Air Force and was  voluntarily  ordered  to  extended  active
duty.  Records reflect an overseas tour in Vietnam for the period  13 August
1967 through 11 August 1968 with assignment to Tan Son Nhut AB, Republic  of
Vietnam.  On 15 February 1969, he was released from extended active duty  in
the grade of captain and transferred to  the  Air  Force  Reserve.   He  had
served 5 years, 3 months and 11 days on active duty of which 11 months,  and
29 days was foreign service.  He had been awarded the Bronze Star Medal  for
meritorious service while serving with friendly foreign  forces  engaged  in
ground operations against an opposing armed force from 15 August 1967 to  10
July 1968.  In addition he was awarded the National Defense  Service  Medal,
Republic of Vietnam Campaign Medal, Vietnam Service Medal  with  one  bronze
star and the  Small  Arms  Expert  Marksmanship  Ribbon.  He  was  honorably
discharged from the Air Force Reserve on 7 June 1973.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval.  DPPPR states there  is  no  evidence  in
the applicant’s record that he was awarded  the  BSM  for  valor.   The  “V”
device is awarded if the medal was  awarded  for  heroism  in  combat.   The
DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he only applied  for  a  “V”  device  because  he  felt  he
deserved it and the VA made light of the BS without it.  He is not  applying
for another BS.  He was in combat and  hostile  fire  was  everywhere.   The
applicant’s rebuttal, with attachments, is 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.  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 have been awarded the “V” device  along  with  the
Bronze Star Medal (BSM) for his performance under fire during TET  68.   The
applicant was awarded the BSM for the period 15 August 1967 to 10 July  1968
and, in the absence of evidence showing otherwise, we believe this  was  the
recognition intended for his service  while  in  the  Republic  of  Vietnam.
Other than his own assertions, the applicant  has  provided  no  information
that was unavailable to the recommending and  approving  officials  for  the
award or showing his actions, in fact, met the criteria  for  award  of  the
“V” device.  While we appreciate and honor the applicant’s  service  to  his
country, absent persuasive evidence to the contrary, we find  no  compelling
basis to recommend granting the relief sought in this application.

________________________________________________________________

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 14 October 2004, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. John B. Hennessey, Member
            Mr. Alan A. Blomgren, Member

The following documentary evidence for AFBCMR Docket  Number  BC-2004-02427
was considered:

    Exhibit A.  DD Form 149, dated 29 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 26 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Sep 04.
    Exhibit E.  Letter, Applicant, dated 8 Sep 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair


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