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
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