RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02631
            INDEX CODE:  107.00

            COUNSEL:
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Silver  Star  (SS),  Bronze
Star Medal (BSM), and the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned the SS, BSM, and the PH,  but  was  never  awarded  any  of  these
medals due to his missions being classified.  All of his  missions  were  in
Northeast Laos.  He was told not to  discuss  any  of  the  details  of  his
missions for 25 years due to them being classified.

In support of his request, applicant provided his  personal  statement  with
the facts surrounding the injury he received on  25 Feb  69,  for  award  of
the PH; a letter from a Vision Center, copies of his  DD  Form  214s,  Armed
Forces of the United States Report of Transfer  or  Discharge,  a  Permanent
Change of Station (PCS) order, Temporary Duty (TDY) orders, an  Aeronautical
Order designating him as a crew member, a Special  Order  awarding  him  the
Basic Aircrew Member Badge, various photos, and a letter of appreciation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty in the Regular Air Force from    25  May  56
through 30 Jun 79.  He served as a cook and a helicopter mechanic.   He  was
honorably released from active duty on 30 Jun 79, in the grade of  technical
sergeant, and was retired effective 1 Jul  79.   He  was  credited  with  20
years and 25 days of active military service.

On 5 Oct 07, the applicant was notified of his entitlement to the Air  Medal
with 1 Oak Leaf Cluster (AM w/1OLC), based on Special  Order  Number  G1916,
dated 1 May 70, for the inclusive period of 18 Jan 69 to 22 Jun 69, and  the
Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).  His DD Form  214
will be administratively corrected to reflect award of  the  AM  w/1OLC  and
RVNGC w/P after Board action on his case.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial of the applicant’s request  for  the  award
of the SS, BSM, and the PH.

The SS is currently awarded by all branches  of  the  Armed  Forces  to  any
person who, while serving in any capacity, is cited for gallantry in  action
against an enemy of the United States while engaged in  military  operations
involving conflict with an opposing foreign force,  or  while  serving  with
friendly forces against an opposing Armed Force in which the  United  States
is not a belligerent party.

The BSM is awarded to a person in any branch  of  the  military  who,  while
serving in any capacity with the Armed Forces of the  United  States  on  or
after 7 Dec 41, 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.

DPSIDR states after a thorough review of the  applicant’s  military  records
they were unable to locate a recommendation for the SS or  the  BSM.   Also,
the applicant did not provide documentation to  substantiate  the  award  of
the SS or the BSM such  as  a  recommendation  for,  special  orders,  or  a
citation to substantiate his request.  All military  decorations  require  a
written recommendation from a  recommending  official  within  the  member’s
chain of command or someone with firsthand knowledge.   The  applicant  must
utilize current administrative procedures to  submit  a  recommendation  for
the SS and the BSM.

To be awarded the PH, a member must provide documentation  to  support  that
his wounds were a direct result of enemy  action  and  the  wounds  received
medical treatment by medical personnel.  Indirect injuries do  not  meet  PH
criteria.  Indirect injuries include  but  are  not  limited  to,  diseases,
exposure, injuries received while seeking  shelter  from  mortar  or  rocket
attacks, aircraft bombings, grenades, and injuries  incurred  while  serving
as an aircraft  member  or  in  a  passenger  status  as  a  result  of  the
aircraft’s evasive measures against hostile fire.

After a thorough review of the applicant’s military  records  they  did  not
locate medical documentation of treatment in a field  hospital  of  injuries
sustained as a direct result of enemy action.  Also the  applicant  did  not
provide medical documentation to substantiate injuries received  were  as  a
direct result of enemy action.

The Purple Heart Review Board (PHRB) has the authority,  on  behalf  of  the
Secretary of the Air Force, to determine a veteran’s entitlement to the  PH.
 Each request is considered based on the policies and  criteria  in  use  at
the time the veteran was injured, and the determination is dependent on  the
documentary evidence presented.  The applicant’s request  may  be  submitted
to the PHRB with the necessary documentation.

The DPSIDR complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Oct 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.
Therefore,  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-
02631 in Executive Session on 21 Dec 07, under the  provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Audrey Y. Davis, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02631 was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 2 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.




                                             CHARLENE M. BRADLEY
                                             Panel Chair