RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02123
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to the award of the Bronze Star Medal (BSM) and
the Air Force Commendation Medal (AFCM) elements.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
In Oct 69, he was transferred from the Retired List and recalled
to extended active duty (EAD) for one year, in support of the
Vietnam War. Upon his return to stateside, he was advised that
paper work had been submitted for him to receive the BSM and the
AFCM and that they would be presented to him upon receipt;
however, he never received the elements.
In support of his appeal, the applicant provides a personal
statement and an inquiry through his Member of Congress.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial, stating, in part, that there is
no special order, recommendation, eyewitness statements,
proposed citation, or any other evidence provided by the
applicant or located within his military record to support the
applicants request for entitlement to the award of the BSM.
Further, although the AFCM is listed on the DD Form 214, dated
31 Oct 70, a copy of the decoration elements was not located
within his military record. Without a copy of the original AFCM
elements, they are unable to reaccomplish the AFCM elements.
The complete AFPC/DPSIDRA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Aug 10 for review and comment within 30 days. As
of this date, no response has been received by this office
(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. 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 basis to
recommend granting the relief sought in this 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 issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2010-02123 in Executive Session on 19 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 8 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.
Panel Chair
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