Search Decisions

Decision Text

AF | BCMR | CY2009 | BC 2009 00404
Original file (BC 2009 00404.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00404
		COUNSEL:  NONE
		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal with Valor (BSM w/V).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the BSM w/V on 22 April 1966; but it does not appear on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  The award is dated eight days prior to his discharge but was not awarded until later.

In support of his request, applicant provides a copy of the BSM w/V and his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Military Personnel Data System reflect the applicant entered the service on 29 July 1963 and effective 28 August 1967, he was discharged in the grade of airman first class.

He served 4 years and 1 month on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states the original or reconstructed written award must be made by someone other than the member himself, preferably the commander or supervisor at the time of the act or achievement with firsthand knowledge of the member’s accomplishments.  The recommendation must include the name of the decoration, reason for recognition, inclusive dates of the act and a narrative description of the act.  A proposed citation is required and any chain of command endorsements are encouraged.  Statements from fellow comrades, eyewitness statements attesting to the act, sworn affidavits and other documentation substantiating the recommendation should be included.  Without official documentation verifying he was being awarded or recommended for the BSM/V, DPSIDR recommends disapproval.

The complete DPSIDR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 May 2009 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit C).

_________________________________________________________________

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.  After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence that his records should be corrected to show he was awarded the BSM w/V.  Although the applicant submitted what appears to be a copy of the BSM certificate, without the special order, it cannot be validated he received the award.  As such, 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 the applicant has not been the victim of an error or injustice.  In the absence of persuasive evidence to the contrary, we find no compelling basis to recommend favorable consideration of his application.

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 issues 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 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 the application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2009-00404 in Executive Session on 8 July 2009, under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence was considered:

 Exhibit A.  DD Form 149, dated 27 January 2009, w/atchs.
 Exhibit B.  Letter, HQ AFPC/DPSIDR, dated 5 May 2009.
 Exhibit C.  Letter, SAF/MRBR, dated 22 May 2009.




                                   
                                   Panel Chair
3


Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-01880

    Original file (BC-2012-01880.pdf) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01880 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to the Valor device to his previously awarded Bronze Star Medal (BSM). AFCENT contends they have no record of the applicant's request to upgrade BSM for Meritorious Achievement to the BSM w/V for heroism. However, AFCENT contends they...

  • AF | BCMR | CY2007 | BC 2007 03339

    Original file (BC 2007 03339.txt) Auto-classification: Denied

    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. 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...

  • AF | BCMR | CY2009 | BC-2007-02137

    Original file (BC-2007-02137.DOC) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are at Exhibits B and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR notes that while serving as a first sergeant and attached to the Army, the applicant was deployed to Balad Air Base (AB), Iraq from 5 Dec 04 to 5 Apr 05. They recommend the Board review the nominating official’s original...

  • AF | BCMR | CY2009 | BC-2009-00095

    Original file (BC-2009-00095.txt) Auto-classification: Denied

    DPSIDR states the applicant does not provide any documentation proving he was awarded the BSM w/1 OLC. DPSIDR notes the Belgian Congo was not considered to be an opposing armed enemy force of the United States. After a thorough review of the available evidence and applicant’s complete submission, we find no evidence the applicant’s records should be corrected to show he was awarded the PH w/1OLC or BSM w/1OLC.

  • AF | BCMR | CY2007 | BC-2007-02399

    Original file (BC-2007-02399.doc) Auto-classification: Denied

    It also recognizes single acts of merit or 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. The timeline for submitting a decoration is two years from the date of the act or achievement. 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...

  • AF | BCMR | CY2009 | BC-2008-01397

    Original file (BC-2008-01397.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01397 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he was discharged in the grade of staff sergeant (SSgt), rather than senior airman (SrA); and that he was entitled to the Purple Heart, Bronze Star Medal with Valor (BSM w/V), Air Force...

  • AF | BCMR | CY2011 | BC-2011-03577

    Original file (BC-2011-03577.txt) Auto-classification: Denied

    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. The applicant did not provide a proposed citation and one was not located in his MPR The complete DPSIDR evaluation is at Exhibit B. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as...

  • AF | BCMR | CY2010 | BC-2010-00404

    Original file (BC-2010-00404.txt) Auto-classification: Approved

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 April 2010 for review and response within 30 days (Exhibit C). In response to the Air Force advisory opinion, the applicant provided a copy of Special Order G-43, dated 13 May 1971, as proof he was awarded the AFCM. Exhibit D. Special Order G-43, dated 13 May 71.

  • AF | BCMR | CY2014 | BC 2014 02624

    Original file (BC 2014 02624.txt) Auto-classification: Denied

    While it is noted the applicant’s AF IMT 3994, Recommendation for Decoration Deployment/Contingency Operations, dated , does not mention the BSM, and the applicant does not have a recommendation for upgrade from someone with firsthand knowledge of the act/achievement, preferably from someone within his chain of command at the time of the act/achievement, a proposed citation, or eyewitness statements, AFPC/DPSIDR believed based on the MSM recommendation package the applicant's actions were at...

  • AF | BCMR | CY2010 | BC-2010-02965

    Original file (BC-2010-02965.txt) Auto-classification: Denied

    DPSIDR states any recommendation for decorations, including the BSM, is submitted on an individual basis and is a voluntary act on the part of the recommending official. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His AFCM citation shows it was for meritorious service, which is a qualification for the BSM. He believes someone did not do their job at the time and since it has...