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AF | BCMR | CY2007 | BC-2007-02578
Original file (BC-2007-02578.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02578
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His supervisor recommended him for the BSM for his actions  on  16 May  1970
while serving in Vietnam.  His subordinate who was with him  at  that  time,
was recommended for the BSM also and his BSM was approved.

In support of his request, the applicant provided a personal  statement  and
a copy of his Airman Performance Report (APR) closing 28 June 1970.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant retired from the Air Force on 1 July 1984 in the grade  of  master
sergeant after serving 20 years and 7 days on active duty.  He served  as  a
Law Enforcement Supervisor.

_________________________________________________________________

AIR FORCE EVALUATION:

DPSIDR recommends denial.  DPSIDR states the BSM is awarded to a  person  in
any branch of the military service who, while serving in any  capacity  with
the Armed Forces of the United States on or after  7  December  1941,  shall
have distinguished himself by heroic or meritorious achievement or  service,
not involving participation in aerial flight, in  connection  with  military
operations against an armed enemy.

After a thorough review of  the  applicant’s  military  records  DPSIDR  was
unable to locate a recommendation for the BSM.  The applicant did provide  a
performance report dated 15 December 1969 to 28 June 1970 which states  “For
his outstanding actions Staff Sergeant M--- was nominated for the BS  award”
as proof he was indeed nominated for the BSM.  However, documentation  could
not be located to substantiate the award of BSM, such  as  a  recommendation
for, special orders, or citation to substantiate request.

DPSIDR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 October 2007, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after reviewing  the  evidence  of  record  along  with  the
applicant’s  submission,   the   Board   agrees   with   the   opinion   and
recommendation of the Air Force and adopts its rationale as  the  basis  for
their conclusion that the applicant has not been the victim of an  error  or
injustice.  Therefore, in the absence  of  evidence  to  the  contrary,  the
Board finds no compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2007-
02578 in Executive Session on 27 November 2007, under the provisions of  AFI
36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Debra K. Walker, Member
                 Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 August 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIDR, dated 13 September 2007.
   Exhibit D.  Letter, SAF/MRBR, dated 12 October 2007.





                       THOMAS S. MARKIEWICZ
                       Chair

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