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AF | BCMR | CY2007 | BC 2007 03339
Original file (BC 2007 03339.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03339
		INDEX CODE:  107.00
	
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His records be corrected to reflect the Bronze Star Medal (BSM).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He should have been awarded the BSM for his service in Vietnam.

In support of his request, applicant provided his personal 
narrative of his tour in Southeast Asia (SEA), a copy of his 
United States Official Passport, stating he was abroad on an 
official assignment, various documents and certificates 
pertaining to his tour in SEA, and a copy of his retirement 
order.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The member served on active duty in the Regular Air Force from     
17 Aug 54 - 31 Aug 74, as an operating room technician.  He 
served continuously until his voluntary retirement on 1 Sep 74.

Applicant served in Thailand, from 2 Jun 68 – 14 Aug 69 and 
Vietnam, from 14 Aug 69 – 2 Dec 69.

________________________________________________________________
_

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states they were 
unable to verify that he was either awarded the BSM or 
recommended for award of the BSM while he was serving in 
Vietnam.

The BSM recognizes acts of heroism performed in ground combat if 
they are of lesser degree than that required for the Silver 
Star.  It also recognizes single acts of merit and meritorious 
service if the achievement or service is of a lesser degree than 
that deemed worthy of the Legion of Merit; but such service must 
have been accomplished with distinction.

DPSIDR was able to verify the applicant’s entitlement to the 
Presidential Unit Citation (PUC), the Air Force Outstanding Unit 
Award with Valor (AFOUA w/V), 4 Bronze Service Stars (BSS) to 
the Vietnam Service Medal (VSM) and the Republic of Vietnam 
Gallantry Cross with Palm (RVNGC w/P).  A DD Form 215 has been 
issued with these changes.

DPSIDR’s complete evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 Dec 07, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received.

________________________________________________________________
_

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 complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  We note his 
records were administratively corrected to add the the PUC, 
AFOUA w/V, 4 BSS to the VSM, and the RVNGC w/P, however he was 
not able to present conclusive evidence to support his 
contention he was awarded the BSM.  While we are not unmindful 
or unappreciative of the applicant’s service to his Nation, in 
the absence of 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 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-2007-03339 in Executive Session on 20 Feb 08, under the 
provisions of AFI 36-2603:

	XXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXX, Member
	XXXXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number 
BC-2007-03339 was considered:

    Exhibit A.  DD Form 149, dated 27 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 3 Dec 07.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Dec 07.





			XXXXXXXXXXXXX
			Panel Chair


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