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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).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The criteria for the “V” device changed after his  discharge.   He  did  see
combat on several occasions.  It is even stated in his BSM  citation  “while
exposed to danger from hostile forces.”

In support of  his  request,  applicant  provided  his  personal  statement,
copies of his citation for the BSM, and his DD Form  214,  Armed  Forces  of
the United States Report of Transfer or Discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  4  Jun  64  and   was
progressively promoted to the grade of sergeant (E-4).  He performed  duties
as an Airborne Weather Observer.  He  was  honorably  released  from  active
duty, for Expiration of Term of Service, having served four years, of  which
one year and seven days was Foreign Service.  His DD Form  214  reflects  he
was awarded the Small Arms  Expert  Marksmanship  Ribbon,  National  Defense
Service Medal, Vietnam Service Medal w/One Bronze Service Star, Republic  of
Vietnam Campaign Medal, Bronze Star Medal, and the Air  Force  Good  Conduct
Medal.

On 28 Aug 06, AFPC determined the applicant was eligible for the  Air  Force
Outstanding Unit Award with Valor  and  One  Oak  Leaf  Cluster,  Air  Force
Longevity Service Award, Republic of Vietnam Gallantry Cross with Palm,  and
Vietnam Service Medal with two Bronze Service Stars, and  corrected  his  DD
Form 214 to reflect these awards.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPPPR recommends denial of the applicant’s request for the BSM  w/V.
 The applicant was awarded the BSM for meritorious service  for  the  period
of 15 Jul 66 to 30 May 67  during  his  assignment  in  Thailand.   The  “V”
device is worn when the BSM is awarded for heroism.

The DPPPR complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responds stating  although  his  records  indicate  he  served  in
Thailand, in reality, he served on the ground in Laos, working out  of  Site
20A, Long Tieng.  Because this was Top Secret at the  time,  the  Air  Force
would not recognize activities of personnel in the  country.   When  he  was
awarded the BSM, he was told the only way they could  give  it  to  him  was
based on merit, not on  a  specific  action  within  the  country,  because,
technically, he was not there.  He cannot document the  action,  because  no
records exist.  He volunteered to go on a mission, into  North  Vietnam,  to
rescue a downed pilot.

He was advised to pursue this by a former USAF Intelligence Officer  who  is
undergoing a campaign to have all USAF personnel who were on the  ground  in
Laos during the Vietnam War be given recognition.  He  himself  was  on  the
ground in Laos from Oct 64 – Aug 66.

Applicant's complete response 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.   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  “V”  device  to  his
Bronze  Star  Medal.   While  we  appreciate  the  personal  sacrifice   the
applicant has endured, and honor his service to his country, in view of  the
above and in the absence of evidence to the contrary, we have  no  basis  on
which to favorably consider this request.

_________________________________________________________________

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-2006-
02117 in Executive Session on 24 October 2006, under the provisions  of  AFI
36-2603:

      Mr. Michael V. Barbino, Panel Chair
      Mr. James L. Sommer, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
02117 was considered:

    Exhibit A.  DD Form 149, dated 10 Jul 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 28 Jul 06.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jul 06.
    Exhibit E.  Letter, Applicant, dated 11 Sep 06.




                                             MICHAEL V. BARBINO
                                             Panel Chair

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