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AF | BCMR | CY2008 | BC-2007-01646
Original file (BC-2007-01646.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01646
            INDEX CODE:  107.00
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  25 NOV 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The  applicant  requests  the  Air  Force  Commendation  Medal  (AFCM)
covering the period 6 Apr 69 to 11 Feb 70, be upgraded to  the  Bronze
Star Medal (BSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He contends the original nomination for the BSM was downgraded, due to
an oversight or lack of concern on the part of his senior leadership.

In support of his request, the applicant submits a statement from  his
former commander, which states in part, the downgrade of the BSM,  may
have occurred due to administrative problems that were the  result  of
the separation of operational control and personnel administration, or
confusion as to what the applicant’s role was at that time.  A copy of
the Bronze Star Citation, and the Bronze Star Narrative, were included
along with excerpts from the applicant’s military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corp  on  4  Dec  42,  and  was
discharged on 22 May 44, to accept a commission.  He was  commissioned
a second lieutenant on 23 May 44, and progressively  promoted  to  the
grade of captain.  He was released from active duty and served in  the
Reserves until he was recalled to active duty on 12 Apr  53.   He  was
progressively promoted to the grade of lieutenant colonel and  retired
in that grade on 1 Apr 70.  His report of separation shows  he  served
three years, three months and eight days foreign and or sea service.

His record reflects award of the Air Medal (AM), the  Vietnam  Service
Medal (VSM), the Republic of Vietnam Campaign Medal  (RVCM),  and  the
National Defense Service Medal w/1 Bronze Service Star.  He served  27
years, 3 months and 27 days total military service.

On 24 Apr 01, the applicant provided a copy of a proposed citation for
the BSM and requested the aforementioned  AFCM  be  upgraded.   DPPPRA
informed him there was no evidence in  his  records  to  show  he  was
recommended for or awarded the BSM.  He was asked to provide a copy of
an order to verify his  entitlement  to  the  BSM.   He  responded  by
stating in part, that there was no recommendation for the award in his
records nor has he ever been awarded the medal.   He  firmly  believed
that the intent of the writer of the proposed citation was for him  to
receive the BSM.  He believes his supervisor wrote the recommendation,
however, due to  unknown  circumstances  the  recommendation  was  not
forwarded through the proper channels.

The BSM may be  awarded  for  heroic  or  meritorious  achievement  or
service, not involving participation in aerial flight,  in  connection
with military operations against an armed enemy.

_________________________________________________________________

AIR FORCE EVALUATION:

The SAF/MRBP recommends denial.  MRBP states in  part,  the  applicant
and his former commander are dissatisfied with the  downgrade  of  the
BSM.  However, other than speculative  comments  made  by  the  former
commander, there is no compelling evidence that an injustice was  done
or that more senior levels  of  supervision  got  it  wrong.   If  the
applicant can  provide  documented  evidence  that  the  BSM  was  the
standard end-of-tour award for  field  grade  officers  in  leadership
positions during that time frame, the award could  be  considered  for
possible upgrade.

The MRBP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states,  the  decision  to  deny  him  the  BSM  was  an
injustice.  His duties were to fly reconnaissance, direct air  strikes
of fighter aircraft on selected targets along with other  missions  in
support of the war.  He believes that SAFPC gave more  weight  to  the
approving officer who downgraded the medal citation than to the person
who wrote the citation and recommended him for the medal.  He believes
he is deserving of the BSM and the person who initially downgraded the
BSM to the AFCM made a mistake.

The applicant’s complete response, with attachments, 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.  After thoroughly  reviewing  the
evidence of record and noting the applicant’s contentions, we are  not
persuaded the member’s records are in error or unjust.   The  personal
sacrifice the applicant endured for  his  country  is  noted  and  our
decision should in no way lessen his  service;  however,  insufficient
documentary evidence has been presented to warrant upgrading the  AFCM
to the Bronze Star Medal (BSM).  We took  notice  of  the  applicant's
complete submission in judging the merits of his request for the  BSM.
However, we agree with the opinion and recommendation of the Director,
Secretary of the Air Force Personnel Council and adopt  her  rationale
as the basis for our conclusion that the applicant has  not  been  the
victim of an  error  or  injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
awarding the requested relief.

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 an 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  no  considered  with
this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2007-
01646 in Executive Session on 17 October 2007, under the provisions of
AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Reginald P. Howard, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 May 07, w/atchs.
    Exhibit B.   Applicant's Master Personnel Records.
    Exhibit C.   Letter, SAF/MRBP, dated 23 Aug 07.
    Exhibit D.   Letter, AFBCMR, dated 17 Sep 07.
    Exhibit E.   Letter, Applicant, dated 22 Sep 07.





      MICHAEL J. NOVEL
      Panel Chair


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