RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01587 

 

 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 (OLC). 

 

2. Airman’s Medal (AmnM) w/4OLC. 

 

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

 

4. Air Force Commendation Medal (AFCM) w/1OLC. 

 

5. Meritorious Service Medal (MSM). 

 

6. By amendment, the applicant requests that his DD Form 214, 
Certificate of Release or Discharge from Active Duty, be 
corrected to include the AFCM he received upon his retirement, 
as well as the Small Arms Expert Medal (SAEM). 

 

7. By amendment, the applicant requests this his records be 
corrected to reflect that he was promoted to the grade of master 
sergeant (E-7) prior to his retirement in 1977. 

 

8. By amendment, the applicant requests his home of record, as 
reflected on his DD Form 214, be corrected to reflect 
“Waterbury, CT,” instead of “Prospect, CT.” 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was wronged in Vietnam. He placed his life in danger more 
than 26 times under combat conditions as documented in his 
Airman Performance Report (APR) and should therefore be awarded 
these decorations. He was unfairly deprived of recognition for 
his heroic acts. Other Airmen earned decorations for their 
similar actions and an examination of their records will prove 
it. He knows he performed his duties in Vietnam in an 
outstanding manner and because he is putting it in writing, it 
should have just as much merit and impact as if someone else 


wrote it as it is coming from the “horse’s mouth.” He was not 
the easiest man to get along with and accepts responsibilities 
for the choices he made, but he resents the way he was treated. 
Everyone received a medal but him. If the fact they did not 
like him was a factor in deciding not to recommend him for 
recognition, he is the victim of an injustice. Furthermore, had 
he been awarded these decorations, he would have been selected 
for promotion to technical sergeant (E-6) in 1971 and master 
sergeant (E-7) in 1977. 

 

In support of his request, the applicant provides a voluminous 
expanded statement and copies of his DD Form 214, Armed Forces 
of the United States Report of Transfer or Discharge, his APR, 
and excerpts from some newsletter articles. 

 

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

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate that he 
enlisted in the Regular Air Force on 6 Jan 56 and served on 
active duty until he was retired on 1 Sep 77 and credited with 
21 years, 7 months, and 24 days of total active service. 

 

On 30 Jul 10, AFPC/DPSIDRA notified the applicant of their 
determination of his entitlement to the Korean Defense Service 
Medal (KDSM), Air Force Outstanding Unit Award with Valor and 
one OLC and one Silver Service Star to his previously awarded 
Vietnam Service Medal (VSM w/1SSS) and their action to correct 
his records administratively. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial, indicating there is no evidence 
of an error or injustice. 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. However, the applicant’s 
claimed injuries do not meet the requirements for entitlement to 
the PH Medal. As for his request related to the AmnM, BSM, MSM, 


and AFCM, in accordance with Section 526 of the 1996 National 
Defense Authorization Act (NDAA), the original or reconstructed 
written award decoration is required for the recommended 
individual. The recommendation 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 the recognition, 
inclusive dates of the act, and a narrative description of the 
act. However the applicant has failed to provide any of the 
noted documentation. Additionally, the applicant cannot 
recommend himself for entitlement to a decoration. 

 

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant takes issue with the fact the advisory opinion 
does not address his requests with respect to the AFCM or SAEM. 
Additionally, he has been ignorant of the fact that he received 
two concussions in Vietnam and indicates that he was unable to 
act reasonably and in sound mind to pursue consideration for his 
medals because of this. Because he needs more time to gather 
documentation related to his request, he requests his case be 
administratively closed until such time as he is ready to 
proceed. The applicant subsequently replied and requested his 
case be re-opened, indicating that he had forwarded additional 
documentation related to his case through his Congressional 
representative. 

 

In support of his responses, the applicant provides two expanded 
statements, copies of his AFCM and SAEM certificates, and a 
supporting statement. 

 

Complete copies of the applicant’s responses, with attachments, 
are at Exhibits E, F, and G. 

 

________________________________________________________________ 

 

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 regarding the 
applicant’s request for the Purple Heart (PH) Medal, Airman’s 
Medal (AmnM) w/4OLC, Bronze Star Medal (BSM) w/37 OLC, Air Force 


Commendation Medal (AFCM) w/1OLC, and Meritorious Service Medal 
(MSM) related to his service in Vietnam. 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 (OPR) and adopt 
its rationale as the basis for our conclusion the applicant has 
not been the victim of an error or injustice. Other than 
conjecture, the applicant has provided no evidence whatsoever 
that would substantiate that he is the victim of an error or 
injustice with respect to the recognition he seeks related to 
his service in Vietnam. As for his argument related to the 
impact of this situation on his promotion opportunities, having 
no basis to conclude that he was unfairly denied recognition for 
his purported acts during his service in Vietnam, we find no 
basis to conclude that he did not receive fair and equitable 
consideration for promotion. As for his contention that his 
home of record, as reflected on his DD Form 214, is incorrect, 
we are not convinced that he is the victim of an error or 
injustice in this regard. Once again, other than his own 
uncorroborated assertions, the applicant has provided no 
documentary evidence whatsoever for us to consider in evaluating 
his request. The applicant is reminded that this Board is not 
an investigative body; the burden of proof of an error or 
injustice lies with the applicant. Notwithstanding the above, 
sufficient relevant evidence has been presented to demonstrate 
the existence of an error or injustice with respect to the 
applicant’s requests related to the Small Arms Expert Marksman 
(SAEM) Ribbon and his Air Force Commendation Medal (AFCM) 
awarded at his retirement. In this respect, we note the 
applicant has provided a small arms marksmanship certificate of 
achievement as well as special orders related to his AFCM based 
on retirement. We also note the Air Force OPR has 
administratively corrected the applicant’s record to reflect 
award of the Korean Defense Service Medal (KDSM), Air Force 
Outstanding Unit Award with Valor and one oak leaf cluster 
(AFOUA w/V & 1 OLC), and the Silver Service Star to his 
previously awarded Vietnam Service Medal (VSM). Therefore, we 
recommend the applicant’s records only be corrected to the 
extent indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that: 

 

 a. His DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, dated 3 June 1964, be corrected 
to show that he was awarded the Small Arms Expert Marksman 
(SAEM) Ribbon. 

 


 b. His DD Form 214, Report of Separation from Active Duty, 
dated 31 August 1977, be corrected to show that he was awarded 
the Air Force Commendation Medal (AFCM). 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-01587 in Executive Session on 23 Oct 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 Apr 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 30 Jul 10. 

 Exhibit D. Letter, SAF/MRBR, dated 13 Aug 10. 

 Exhibit E. Letter, Applicant, dated 30 Aug 10, w/atchs. 

 Exhibit F. Letter, Applicant, dated 19 Dec 11. 

 

 

 

 

 

 Panel Chair