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AF | BCMR | CY2011 | BC-2010-02920
Original file (BC-2010-02920.docx) Auto-classification: Approved

RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02920

XXXXXXX COUNSEL: NONE

HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Bronze Star Medal (BSM).

________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect he was awarded the BSM, which was sent to him after his discharge.

In support of his appeal, the applicant provides copies of his DD Form 214, BSM certificate, accompanying citation, a note from his representative in Congress, and a local newspaper article.

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

_________________ ______________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 23 Sep 64 in the grade of airman basic (E-1) for a period of four years and was progressively promoted to the grade of sergeant (E-4), effective and with a date of rank of 1 Oct 66. On 21 Sep 68, he was honorably discharged at the completion of his required active service and was credited with 3 years, 11 months, and 29 days of total active service.

The BSM is awarded to a person in any branch of the military service who, while serving in any capacity with the armed forces of the United States on or after 7 Dec 41, shall have distinguished them self by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. The award recognizes acts of heroism performed in ground combat if they are of a 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 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 they are unable to verify the applicant’s entitlement to the BSM. While he was able to provide a copy of a BSM citation and certificate, no special order was provided or located that verifies he was awarded the requested decoration.

A complete copy of the 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting corrective action. We note the comments by AFPC/DPSIDR indicating they were unable to verify the applicant’s entitlement to the requested award. Nonetheless, after careful review of the evidence of record and the applicant’s complete submission, including his BSM certificate, accompanying citation, as well as correspondence from his Congressman and a newspaper article indicating he was awarded the BSM, we are convinced of his entitlement to the BSM. Therefore, to preclude any further injustice to the applicant, we recommend his records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that Item 24, Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized, of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be, and hereby is, amended to include the Bronze Star Medal.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2010-02920 in Executive Session on 16 Dec 10, under the provisions of AFI 36-2603:

Mrs. XXXXXXXXX, Panel Chair

Mr. XXXXXXXXXX, Member

Ms. XXXXXXXXXX, Member

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

Exhibit A.  DD Form 149, dated 4 Aug 10, w/atchs.

Exhibit B.  Applicant's Master Personnel Records.

Exhibit C.  Letter, AFPC/DPSIDR, dated 27 Sep 10.

Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 10.

XXXXXXXXXX

Panel Chair

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