RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04235
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to reflect he was awarded the
following decorations:
1. Meritorious Service Medal (MSM). (Administratively
corrected)
2. Bronze Star Medal (BSM).
3. Joint Service Commendation Medal (JSCM).
________________________________________________________________
APPLICANT CONTENDS THAT:
Bronze Star Medal. On 13 Apr 66, while on Temporary Duty (TDY)
to Tan Son Nhut Air Field, Saigon, South Vietnam, he was wounded
during a mortar attack and received the Purple Heart (PH) Medal
and Air Force Commendation Medal (AFCM), First Oak Leaf Cluster
(1OLC). He was aware that he was recommended for the BSM,
rather than an AFCM. The commander later apologized to him for
the award being downgraded due to a policy that did not allow
award of the BSM to transients who were not stationed in
country. Months later, he participated in Operation JUNCTION
CITY, the largest combat multi-divisional deployment in the
Vietnam War. However, the colonel he worked for tore up his BSM
recommendation when he discovered the applicant was leaving
Vietnam on emergency leave and would not return. He does not
know if it would have been approved, but the colonel felt the
award recommendation was worth writing.
Joint Service Commendation Medal. On 24 Apr 66, while serving
as the C-130 Mission Commander at Tay Ninh III for Operation
BIRMINGHAM, the largest combat airlift operation of the Vietnam
War, he was told he was being recommended for the JSCM; however,
he never received the award. In truth, he does not know if
anything was ever done about the JSCM, but he has frequently
wondered what happened.
In support of his request, the applicant provides an expanded
statement, copies of his DD Form 214, Citation for the AFCM
(1OLC), two Officer Performance Reports, and extracts of two
blogs he has written about his experiences in Vietnam.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the applicants military personnel records, he
entered active duty on 14 Mar 55 and served on active duty until
he was retired for length of service on 30 Apr 75. He was
credited with 20 years, 1 month, and 17 days of total active
service; of which, 2 years, 8 months, and 24 days was foreign
service.
On 15 Dec 11, AFPC/DPSIDR notified the applicant of the
applicant of their determination of his entitlement to the MSM
and corrected his records administratively.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDRA recommends denial, indicating there is no
evidence of an error or injustice. The applicant has not
provided any documentation to support his claim. Under Fiscal
Year 1996 National Defense Authorization Act (NDAA), the
original or reconstructed written award recommendation 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 of
achievement, with firsthand knowledge of the members
accomplishments. According to the applicant he was told he was
being recommended for the BSM but that it was downgraded to the
AFCM (1OLC). No official documentation has been located or
provided which verifies the applicant was initially submitted
for the BSM for his actions on 13 Apr 66 and that it was
downgraded to the AFCM. Similarly, no official documentation
verifying the applicant was recommended for or awarded the JSCM
for his actions in Vietnam during Operation BIRMINGHAM.
Therefore, the applicant is ineligible for entitlement to the
BSM and JSCM.
A complete copy of the AFPC/DPSIDRA 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 22 Dec 11 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 an 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
(OPR) and adopt their rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice.
We note the Air Force OPR has determined the applicants
entitlement to the Meritorious Service Medal (MSM) and corrected
his records administratively. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
any relief beyond that rendered administratively.
________________________________________________________________
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-2011-04235 in Executive Session on 3 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04235 was considered:
Exhibit A. DD Form 149, dated 26 Oct 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 15 Dec 11.
Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11.
Panel Chair
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