DOCKET NUMBER: BC-2012-01551
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
THE APPLICANT REQUESTS THAT:
1. His awarded Bronze Star Medal (BSM) be added to his record.
2. His DD Form 214, Certificate of Release or Discharge from
Active Duty, issued in conjunction with his 5 Sep 08 separation,
Item 8b: Station Where Separated, reflect Nellis AFB NV rather
than Randolph AFB TX.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His awarded Bronze Star Medal is not reflected on his DD Form
214.
He was separated at Nellis AFB; not Randolph.
In support of his appeal, the applicant provides a copy of the
award certificate for BSM and other supporting documents.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 Jun 03.
He was separated, on 5 Sep 08, for misconduct (minor
infractions), with service characterized as general, under
honorable conditions. He was credited with 5 years, 2 months,
and 19 days of active duty service, including 2 years, 9 months,
and 18 days of foreign service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial, stating, in part, that the
documentation provided by the applicant is incomplete and does
not appear to be authentic. Should the applicant wish to pursue
award of the BSM, either a special order is required showing he
was awarded the medal or he should exhaust administrative
appears
to
be
there
presented
avenues for a retroactive request of the award according to
Section 1130 of the U.S. Code.
After a thorough review of the applicant's official military
personnel record DPSIDR was unable to locate a special order
awarding the BSM. The applicant submitted a copy of a BSM
certificate, dated 15 Oct 08. The copy of the certificate
appears to contain an Army seal; however after consultation with
the Department of the Army, they were unable to verify the award
of the BSM to the applicant. In addition, after review of the
certificate
several
inconsistencies with the BSM which questions the validity of the
document. First, the "Given Under My Hand in the City of
Washington" is worded "Given this 15th Day of October 2008," and
is to the left of the seal vs. being centered above it as with
the standard Bronze Star Medal Certificate; second, the "Given
this 15th Day of October 2008" is after the applicant was
discharged from active service on 5 Sept 08; and third, the
document is signed by President George H. W. Bush, 16 years
after he left office.
The complete DPSIDR evaluation, with attachments, 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 24 Sep 12 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, the Air Force office of primary
responsibility has conducted an exhaustive review of the
applicant’s issue and we adopt the rationale expressed as the
basis for our conclusion the applicant has not been the victim
of an error or injustice. In addition, in regard to the
applicant’s request for a change to his DD Form 214, Item 8b:
Station Where Separated, we have been advised the governing Air
Force Instruction requires that Item 8b list the authenticating
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
base which in this case was Randolph AFB TX. Therefore, in view
of the above and in the absence of evidence to the contrary, we
find no basis to recommend granting the relief sought in this
application.
________________________________________________________________
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-2012-01551 in Executive Session on 15 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 17 Sep 12.
Exhibit D. Letter, SAF/MRBR, dated 24 Sep 12.
Panel Chair
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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