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AF | BCMR | CY2010 | BC 2010 01587 2
Original file (BC 2010 01587 2.txt) Auto-classification: Denied
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2010-01587-2
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the following 
decorations:

1.  Purple Heart (PH) Medal with two oak leaf clusters (2 OLCs).

2.  Airman’s Medal (AmnM) w/4 OLCs.

3.  Bronze Star Medal (BSM) w/37 OLCs.

4.  Meritorious Service Medal (MSM).

________________________________________________________________

RESUME OF CASE:

On 4 Nov 12, the Board considered and denied a similar appeal. 
For an accounting of the facts and circumstances surrounding the 
applicant’s requests, and the rationale of the earlier decision 
by the Board, see the Record of Proceedings at Exhibit G.

The PH Medal is awarded for wounds received as a direct result 
of enemy actions (i.e. gunshot or shrapnel wounds, hand-to-hand 
combat wounds, forced aircraft bail out injuries, etc.).  In 
addition, it is necessary that the wound required or received 
treatment by medical personnel.  Indirect injuries do not meet 
the criteria for the award of the PH Medal.  These include, but 
are not limited to injuries received while seeking shelter from 
mortar or rocket attacks, aircraft bombings, or grenades.

The AmnM is awarded to any member of the Armed Forces of the 
United States or of a friendly nation who, while serving in any 
capacity with the United States Air Force after the date of the 
award's authorization, who have distinguished himself or herself 
by a heroic act, usually at the voluntary risk of his or her 
life but not involving actual combat. The saving of a life or 
the success of the voluntary heroic act is not essential.

The BSM 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.

The MSM may be awarded to any member of the Armed Forces of the 
United States who distinguishes themselves by either outstanding 
achievement or meritorious service to the United States.  It was 
established by Executive Order 11448 on 16 Jan 69.  This award 
was established as the counterpart of the BSM for the 
recognition of meritorious noncombatant service.

In a letter, dated 12 Jul 13, on behalf of the applicant, the 
applicant’s former supervisor requests reconsideration of the 
MSM, PH Medal, and five BSMs based on the eye witness accounts 
of himself and others, of the applicant’s service and overall 
leadership characteristics while stationed in Vietnam.  He 
agrees that the applicant has not provided substantiation for 
award of the PH but request the Board to consider some kind of 
an award for the applicant.  Additionally, he also submitted a 
recommendation for award of the MSM, under the provisions of DoD 
1348.33-M, dated Sep 96 which included a narrative description 
of the applicant’s outstanding service and accomplishments while 
assigned to Nellis Air Force Base, Nevada during the period of 1 
Dec 68 to 8 Jun 72.  Lastly, he provides a statement expressing 
his view of the applicant’s accomplishments under his 
supervision and admitting to not having an excuse for not 
recognizing his deeds over 42 years ago.  He reiterates that the 
applicant should without question be awarded the MSM (Exhibit 
H).  

The applicant provides four additional statements from his 
subordinates who served alongside him and gives an eyewitness 
account for his accomplishments and distinguished service.  They 
are all four in agreement that that applicant should be awarded 
the requested awards (Exhibit I).

In a letter, dated 26 Feb 14, the applicant requests 
reconsideration based upon newly-discovered evidence not 
reasonably available at the time of his initial application.  
The newly-discovered evidence includes photographs of aircraft 
fully engulfed by fire, a Combat Operation After Action Report, 
dated 19 Sep 68, and signed supporting statements from personnel 
who assert they can attest to the applicant’s achievements while 
in Vietnam.  The applicant contends that the documents provided 
prove that he is deserving of the requested decorations.

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

________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the supporting 
statements and recommendations provided by the applicant’s 
supervisor and former subordinates at the time, we remain 
unconvinced that any relief is warranted.  As such, we conclude 
the applicant has again failed to sustain his burden of proof 
that he has been of the victim of an error or injustice.   
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified 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 AFBCMR Docket 
Number BC-2010-01587-2 in Executive Session on 29 Jul 14, under 
the provisions of AFI 36-2603:

                    , Panel Chair
                    , Member
                    , Member

The following documentary evidence was considered:

    Exhibit G.  Record of Proceedings, dated 4 Nov 12, w/atchs.
    Exhibit H.  Letter, Applicant’s Supervisor, dated 12 Jul 13.
    Exhibit I.  Letters, Applicant’s Subordinates, w/atchs.
    Exhibit J.  Letter, Applicant, dated 26 Feb 14, w/atchs.

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