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AF | BCMR | CY2011 | BC-2010-01828
Original file (BC-2010-01828.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-01828

            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The applicant requests that  her  late  father’s  records  be  corrected  to
reflect his entitlement to the following awards and decorations:

1.  The Bronze Star Medal with one Oak Leaf Cluster (BSM w/1 OLC).

2.  The Distinguished Flying Cross w/1 OLC (DFC w/1 OLC).

3.  The Meritorious Service Medal (MSM).

4.  The United Nations Service Medal (UNSM).

5.  The Vietnam Service Medal (VSM) (Administratively Corrected).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The awards that her late father earned are very special to her.

In support of the  appeal,  the  applicant  provides  a  copy  of  her  late
father’s Certificate of Death.

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

_________________________________________________________________

STATEMENT OF FACTS:

The member served on active duty for a total of 27 years, 11 months, and  25
days between 7 Jan 43 and 30 Sep 76.  He served overseas tours  in  England,
Azores, Germany, Japan, and Vietnam.

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.

On 1 Oct 10, AFPC/DPSIDRA informed the applicant  that  they  were  able  to
verify the former member’s entitlement to the DFC ,  the  BSM  (basic),  the
World War II Victory Medal (WWIIVM), the VSM with two Bronze  Service  Stars
(VSM w/2 BSMS), and the Republic of Vietnam Gallantry Cross with Palm  (RVGC
w/P).

The BSM is awarded to any person who, after 6 Dec 41, while serving  in  any
capacity with the Armed Forces of the United States,  distinguishes  himself
or herself by heroic or meritorious achievement or  service,  not  involving
participation in aerial flight, under any of the following circumstances:

     a. While engaged in an action against an enemy of the United States.

     b. While engaged in military operations involving conflict with an
        opposing foreign force.


     c. While serving with friendly foreign forces engaged in an armed
        conflict against an opposing armed force in which the United States
        is not a belligerent party


     d. When the BSM is awarded for heroism, a bronze letter “V” (for
        valor) is worn on the suspension and service ribbon of that medal.

The DFC may be awarded to any person who, after 16 Apr 17, while serving  in
any capacity with the United States Armed Forces, distinguish themselves  by
heroism or extraordinary achievement while participating in  aerial  flight.
Heroism or achievement must b  entirely  distinctive,  involving  operations
that are not routine.  The  DFC  is  not  awarded  for  sustained  operation
activities and flights.

The MSM is awarded to members of the Armed Forces of the United  States  who
distinguish themselves by outstanding noncombat meritorious  achievement  or
service to the United States.  Normally, the acts of services rendered  must
be comparable to that required for the Legion of Merit (LOM), but in a  duty
of lesser though considerable responsibility.

The UNSM is awarded to members of the Armed Forces of the United States  who
participated in the United Nations action in Korea between 27 Jun 50 and  27
Jul 54 within the  territorial  limits  of  Korea,  the  waters  immediately
adjacent, or the airspace above Korea or the adjacent waters,  and  who  are
also eligible for the Korean Service Medal (KSM).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDRA recommends denial regarding the applicant’s request  for  award
of the DFC w1/OLC, BSM w/1 OLC, MSM, and the UNSM.  DPSIDRA indicates  there
is no evidence provided by the next  of  kin  or  located  in  the  member’s
official military record to verify he was recommended  for  or  awarded  the
DFC w/1 OLC, the BSM w/1 OLC, or the MSM.

DPSIDRA also indicates the member is not credited with any  Foreign  Service
in Korea between 27 Jun 50 and 27 Jul 54, and he is not eligible  for  award
of the UNSM.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15  Oct
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 regarding the applicant’s request  that  the
member’s records be corrected to reflect award of the BSM w/1 OLC,  the  DFC
w/1 OLC, the MSM, or the UNSM.  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  the
member has not been the victim of  an  error  or  injustice.   We  note  the
member’s record was administratively corrected to reflect award of the  VSM.
 Therefore, in the absence of sufficient evidence the  member  was  entitled
to award of the BSM w/1 OLC, the DFC w/1 OLC, the MSM, or the UNSM, we  find
no basis to recommend granting this request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of a 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  Docket  Number  BC-2010-01828
in Executive Session on 8 Feb 11, under the provisions of AFI 36-2603:

      Ms. ------------, Panel Chair
      Ms. ------------, Member
      Ms. ------------, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 May 10, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDRA, dated 1 Oct 10.
      Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.




      ----------
      Panel Chair

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