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AF | BCMR | CY2005 | BC-2005-01230
Original file (BC-2005-01230.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-01230

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY COMPLETION DATE: 14 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded awards or medals for heroism for his actions  on  10 September
1972 at Bien Hoa Air Base, Republic of Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never adequately awarded nor given the proper medals for his  heroism
shown during the munitions holding area explosions  on  10  September  1972.
He walked through the exploding munitions dump and rescued several people.

In support of the  appeal,  applicant  submits  several  statements  in  his
behalf, a summary of the history of the 377th Air Base Wing from 1  July  to
31 December 1972, and newspaper articles.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former Air Force member who served on active duty from  8
February 1971 through 16 May 1974, which  included  Vietnam  service  during
the period 10 November 1971 to 24 November 1972.

On 11 January 2001,  the  Board  considered  applicant’s  request  that  his
records be corrected to show that he  was  awarded  the  Small  Arms  Expert
Marksmanship Ribbon.  The Board found insufficient evidence  of  a  probable
error or injustice and denied the application.  On  21  November  2001,  the
Board considered applicant’s request to be awarded the Medal  of  Honor  for
his actions on 10 September 1972.  The Board found insufficient evidence  of
a probable error or injustice and denied the application (BC-2000-01598).

On 19 February 2004, the  Board  considered  applicant’s  request  that  his
records be corrected to show that he is entitled to  the  Presidential  Unit
Citation (PUC).  The Board found insufficient evidence that he was  assigned
to a unit that was awarded the PUC  and  denied  the  application  (BC-2003-
02602).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for any  medals  for
heroism.  AFPC/DPPPR states, in part, that medals for heroism while  engaged
in an action against an enemy of the United  States  include  the  Medal  of
Honor (MOH), the Air Force Cross (AFC), and the Bronze Star (BS).   All  are
awarded for heroism at differing levels for  military  operations  involving
conflict against an opposing armed force.  Further, each recommendation  for
a decoration for heroism must  incontestably  prove  the  self-sacrifice  or
personal bravery involved conspicuous risk of life, the  omission  of  which
could not justly  cause  censure.   On  8  April  2003,  AFPC/DPPPR  advised
applicant that an individual could not recommend himself  for  a  decoration
and discovered his request for the MOH was previously denied by the  AFBCMR.
 The statements submitted with applicant’s request are not from  individuals
that witnessed his actions firsthand, nor  do  they  supply  any  additional
documentation needed to support reconsideration.  There is no  documentation
in applicant’s military records to indicate that he was recommended for,  or
awarded, any decoration for heroism.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 13 May 2005 for review and response within 30 days.  However, as of  this
date, this office has received no response.

_________________________________________________________________

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.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he has been the victim of an error or injustice.  The  statements  submitted
in the applicant’s behalf are duly noted;  however,  these  individuals  did
not witness his actions on 10 September 1972 firsthand.  Furthermore,  there
is no documentation in applicant’s military records,  nor  has  he  provided
any, to indicate that he was recommended for,  or  awarded,  any  decoration
for heroism.  Therefore, in the absence of evidence  establishing  that  his
records are in error or unjust, 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 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  Docket  Number  BC-2005-01230
in Executive Session on 23 June 2005, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Christopher D. Carey, Member
                       Mr. Wayne R. Gracie, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 9 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 13 May 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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