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AF | BCMR | CY2008 | BC-2007-02384
Original file (BC-2007-02384.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02384
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 FEBRUARY 2009

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM) be upgraded to the Bronze Star
Medal (BSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received the AFCM for his service in Ubon, Thailand  from  1971  to
1972.  This was his second tour and he was originally  cited  for  the
BSM, but it was downgraded or lost.  He was awarded the AFCM  for  his
permanent change of station (PCS).  During that time he was  the  non-
commissioned officer in charge of the social actions  office  and  was
responsible for a great deal of material  and  responsibilities.   His
supervisor thought his management of men, material and  accomplishment
of the mission was worthy of the BSM.  He was  awarded  the  AFCM  and
believes upgrading the award to the BSM will right an  injustice  done
to him over 30 years ago.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 January 1961.

On 21 September 1978, he was  permanently  discharged  for  disability
reasons with an honorable discharge.  He served 17  years,  10  months
and 27 days on active duty.

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.
The award 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.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states after a thorough review of
the applicant's records, they were unable to locate  a  recommendation
for  the  BSM.   The  applicant  did  not  provide  documentation   to
substantiate the award for the BSM, such as a recommendation,  special
orders, or citation.  In addition, DPPPR did not  locate  the  special
orders, citation, or the certificate for  the  AFCM,  although  it  is
listed in his DD Form 214.  All military  records  require  a  written
recommendation from a recommendation official within  the  applicant's
chain of command or someone with firsthand knowledge.  The Fiscal Year
1996 National Defense  Authorization  Act  lifted  the  previous  time
limitation on submitting recommendations. Veterans who make a case for
award consideration (or upgrade of a  previously  awarded  decoration)
not previously eligible because of the old time limits may now  submit
for award consideration.  However,  the  written  recommendation  must
meet two criteria.  First it must be made by someone, other  than  the
member himself, in the member's chain of command at the  time  of  the
incident,  and  who  has  firsthand  knowledge   of   the   acts   and
achievements.  Secondly, it must be submitted through a  congressional
member who can ask a military service  to  review  a  proposal  for  a
decoration based on the merits of the proposal and the award  criteria
in existence when the event occurred.

The complete AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
14 September 2007 for review and comment within 30 days.  As  of  this
date, this office has received no response (Exhibit D).

_________________________________________________________________

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 a thorough review  of  the
available evidence and the applicant’s complete submission, we are not
persuaded that his records should be corrected to upgrade his AFCM  to
the BSM.  Therefore, we agree with the opinion and  recommendation  of
the Air  Force  office  of  primary  responsibility  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  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;   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 Docket  Number  BC-2007-
02384 in Executive Session on 1 November 2007, under the provisions of
AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Mary C. Puckett, Member
            Ms. Debra K. Walker, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 16 July 2007.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 20 August 2007.
      Exhibit D. Letter, SAF/MRBR, 14 September 2006.




      MICHAEL K. GALLOGLY
      Panel Chair

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