Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-00683
Original file (BC-2006-00683.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00683
            INDEX CODE:  107.00; 131.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  9 JULY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Air  Force  Commendation
Medal (AFCM), the Bronze Star, and the Purple Heart  (PH)  Medal.   He  also
requests consideration for promotion to Senior Master Sergeant (E-8).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promised the awards by the Ambassador to Laos and the Air  Operations
Center (AOC) commander, but they were never issued.  His status at the  time
was top secret and clandestine in nature.   He  was  reportedly  recommended
for two AFCM’s, one Bronze Star, and a PH between 1966 and 1967.

The points awarded for the decorations may have been  very  helpful  in  his
Weighted Airman Promotion System (WAPS) promotion folder.

His unit supported Air American (AA) and  rescued  HH-53’s  that  were  over
extended on Bingo fuel and had to be refueled before sunset.  His unit  also
provided support to any grounding situations  that  would  occur  on  C-123,
Pilatus Porter and AA helicopters.  None of  this  was  listed  in  his  Air
Force Specialty Code (AFSC).  In  support  of  his  request,  he  submits  a
personal statement and an e-mail inquiry.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 October 1984, the applicant retired from active duty  service  and  was
honorably discharged in the grade of master sergeant.  He was credited  with
20 years and one month of total prior active service to include 6 years,  10
months and 5 days of Foreign Service.

The applicant’s records indicate he was assigned  to  Thailand  from  August
1966  to  April  1967  where  he  performed  duties  as  an  aircraft  radio
repairman.  His awards include the Air Force Good Conduct Medal w/4OLC,  NCO
Professional Military Education Ribbon  w/1  Device,  AF  Longevity  Service
Award w/4 Devices, National Defense Service Medal, AF Overseas Service  Long
Tour  Ribbon,  Vietnam  Service  Medal  w/2  Devices,  Republic  of  Vietnam
Gallantry Cross w/1 Device, and the Republic of Vietnam Campaign Medal.

On 21 March 2006, the Air Force office of  primary  responsibility  informed
the applicant they were unable  to  verify  his  entitlement  to  the  above
listed decorations and invited  him  to  submit  additional  information  to
which he replied via e-mail (Exhibit F).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR informed the  applicant  that  there
was no documentation in his official records to verify  entitlement  to  the
requested awards, and requested  he  submit  documentation  to  support  his
claim.  The applicant; however, did not comply with their  request  (Exhibit
C).

HQ  AFPC/DPPPWB  recommends  denial.   DPPPWB  states  the  application   is
untimely  and  should  be  time  barred.   DPPPWB  explains  even   if   the
decorations had been awarded, or if the  Board  should  decide  they  should
have been awarded, they would be unable to determine if the applicant  would
have been promoted earlier to any rank as promotion history files  are  only
maintained for a period of 10 years.

DPPPWB’s evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his e-mail response dated 6/23/2006,  the  applicant  states  there  were
some discrepancies in the Air Force evaluations.  He states he was  actually
in Laos between  1966  and  1967.   He  gives  a  detailed  account  of  his
subsequent assignments and missions.  He again explains he was  unsure  that
his mission had been declassified.  He  states  he  is  in  the  process  of
hiring  an  attorney  to  handle  his  request.   The  applicant’s  complete
submission is at Exhibit G.

ADDITIONAL COMMENTS FROM APPLICANT:

Examiner’s Note:  The following information was received from the  applicant
on 19 July 2006.

In  an  e-mail  dated  12  July  2006,  the  applicant  states  he  enclosed
documentation that  proves  beyond  the  shadow  of  a  doubt  the  ACS  was
providing support  to  the  Laotian  Air  Force.   He  provides  a  detailed
synopsis of the documentation.  He states the documentation  proves  he  was
in Laos and should receive the decorations and promotions (Exhibit H).

_________________________________________________________________

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.   The  applicant’s  contentions  are  duly
noted;  however,  after  a  thorough  review  of  the  applicant’s  complete
submission, to include his additional comments and the  available  evidence,
we are not persuaded that he has been the victim of an error  or  injustice.
Other than his own assertions, the applicant  has  provided  no  documentary
evidence that would establish his entitlement to the AFCM, the Bronze  Star,
or the Purple Heart.  While we appreciate and honor the applicant’s  service
to his country, in view of the above and in the absence of evidence  by  the
applicant showing his entitlement to the awards, we have no basis  on  which
to favorably consider this request.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not 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 13 July 2006, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jan Mulligan, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered in AFBCMR BC-2006-00683:

      Exhibit A.  DD Form 149, dated 3 Mar 06 w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 24 Apr 06.
      Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 16 May 06.
      Exhibit E.  Letter, SAF/MRBR, dated 26 May 06.
      Exhibit F.  Letter, HQ AFPC/DPPPR, 21 May 06.
      Exhibit G.  Applicant’s Rebuttal, dated 23 Jun 06.
      Exhibit H.  Applicant’s Additional Comments, dated 12 Jul 06,
                 w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00245

    Original file (BC-2006-00245.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00245 INDEX CODE: 107.00 XXXXXXXXXXXXXXXXXXXXXXX COUNSEL: NO HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 July 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his promotion to the grade of staff sergeant (SSgt)...

  • AF | BCMR | CY2007 | BC2006-03165

    Original file (BC2006-03165.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03165 INDEX CODE: 107.00 LESLEY D. RHODES COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 19 Apr 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 7, Airman Military Record, be corrected to reflect the following: Item 5. However, his AF Form 626, reflecting temporary duty (TDY) in connection with his award...

  • AF | BCMR | CY2006 | BC-2006-02840

    Original file (BC-2006-02840.doc) Auto-classification: Approved

    The commander stated he contacted her former commander to determine the specifics of her decoration and fully supports supplemental promotion consideration. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends approval of the applicant’s request to have her initiation date of the AFCM coincide with her PCS in Aug 05 (Exhibit C). Therefore we recommend the applicant’s records be corrected as indicated below.

  • AF | BCMR | CY2007 | BC-2006-02543

    Original file (BC-2006-02543.doc) Auto-classification: Denied

    They further state Air Force Instruction (AFI) 36- 2803, paragraph 3.3, states “Forward all recommendations through the normal chain of command of the person being recommended. A complete copy of the AFPC/DPPPWB evaluation is attached at Exhibit E. HQ AFPC/DPSO recommends the applicant’s request to have the LOR dated 20 September 2005 removed from her records be denied. The applicant did not provide persuasive evidence to establish that the LOR she received was unjust or unwarranted; the...

  • AF | BCMR | CY2006 | BC-2005-03668

    Original file (BC-2005-03668.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03668 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 4 JUNE 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Joint Service Commendation Medal (JSCM), Air Force Commendation Medal (AFCM) and the Air Force Outstanding Unit Award (AFOUA). We...

  • AF | BCMR | CY2007 | BC-2006-03866

    Original file (BC-2006-03866.doc) Auto-classification: Denied

    The applicant believes his Impaired Hearing and Tinnitus were caused by the noise exposure he experienced while performing duties as a senior woodworker. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence that he was awarded the AFCM 3OLC. Nor do we find evidence showing that his records should be corrected to show he was promoted to any grade higher than that currently reflected.

  • AF | BCMR | CY2007 | BC-2007-00026

    Original file (BC-2007-00026.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: Her AFAM should be considered for the 06E6 promotion cycle because the Décor 6 was dated 22 September 2005 and the nomination package was submitted before the Promotion Eligibility Promotion Cutoff Date (PECD). They state that Air Force promotion policy dictates that before a decoration is credited for a specific promotion cycle, the close out date of the decoration must be on or before the PECD, and...

  • AF | BCMR | CY2006 | BC-2006-02975

    Original file (BC-2006-02975 .DOC) Auto-classification: Denied

    Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial since a thorough search of applicant’s records cannot verify his entitlement to this award with the “V” device, as well as the fact that applicant received his AFCM for the period September 1967 to July 1968. ________________________________________________________________ THE BOARD DETERMINES THAT: The...

  • AF | BCMR | CY2006 | BC-2006-02117

    Original file (BC-2006-02117.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02117 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 13 JANUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to add the “V” Device to his Bronze Star Medal (BSM). The applicant's complete submission, with attachments, is at Exhibit A. The “V” device is worn when the...

  • AF | BCMR | CY2006 | BC-2006-00293

    Original file (BC-2006-00293.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. Furthermore, there is no evidence in the applicant’s military records reflecting he was injured as a result of enemy action. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis...