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AF | BCMR | CY2013 | BC 2013 03719
Original file (BC 2013 03719.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	  	    DOCKET NUMBER: BC-2013-03719
                                    COUNSEL:  NONE
   	  			    HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM).

________________________________________________________________

APPLICANT CONTENDS THAT:

He received a Distinguished Flying Cross (DFC) for heroism in 
aerial flight as an EC-47 pilot at Da Nang Airfield, Republic of 
Vietnam, but was not recognized for his accomplishments tied to 
the direct support of ground combat operations. 

The Board should consider it in the interest of justice to 
consider his application in light of the recent news release on 
Air Force BSM award clarification and the unclassification of 
Southeast Asia missions from 1971 to 1972.   

In support of his request, the applicant provides a narrative 
recommendation for award of the BSM, copies of AF Form 899, 
Request and Authorization for Permanent Change of Station – 
Military; DD Form 214, Report of Separation from Active Duty; an 
Air Force news article, and DD Form 215, Correction to DD Form 
214, Certificate of Release or Discharge from Active Duty.    

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

________________________________________________________________

STATEMENT OF FACTS:

On 21 Apr 69, the applicant entered active duty.

According to Special Order G-1766, dated 10 Aug 72, the 
applicant was awarded the DFC on 13 Feb 72 for extraordinary 
achievement while participating in aerial flight.

On 31 Mar 74, he was honorably released from active duty.  

He served 4 years, 11 months and 11 days on active duty.

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 participating 
in aerial flight, under any of the following circumstances:  
while engaged in an action against an enemy of the United 
States, while engaged in military operations involving conflict 
with an opposing foreign force, or 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.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  There is no official 
documentation in the applicant’s record to verify he was 
recommended for or awarded the BSM.  The applicant has not 
provided sufficient documentation to substantiate an error or 
injustice exists.  In order for the applicant’s request to be 
reasonably considered he will need to provide a signed 
recommendation from someone with firsthand knowledge of the 
act/achievement preferably from someone in the applicant’s chain 
of command, proposed citation, and eyewitness statement from 
those who can attest to the act/achievement.  Due to the fact 
the applicant was already recognized for his act/achievement 
with award of the DFC, to also award the BSM for the same 
act/achievement would constitute dual recognition which is 
prohibited.  To grant relief would be contrary to the criteria 
established by DoDM 1348.33, Manual of Military Decorations and 
Awards, the Secretary of the Air Force and the Chief of Staff. 

The complete DPSID evaluation is at Exhibit C. 

SAF/MRBP recommends denial.  While the applicant’s aerial 
contributions and support to ground troops are noteworthy, they 
do not fit the criteria for award of the BSM.  Per AFM 900-3, 
Decorations, Service Awards, Unit Awards, Special Badges, 
Favorable Communications, Certificates, and Special Devices 
(20 Jan 72), Chapter 3, Paragraph 3-1(3), “Only one decoration 
may be awarded for the same act, achievement or period of 
service.”  Further, per AFM 900-3,  and AFI 36-2803, Air Force 
Awards and Decorations Program, criteria for award of the BSM is 
for “Heroic or meritorious achievement or service (not involving 
aerial flight).”

The complete MRBP evaluation is at Exhibit D.    

________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is not asking for another decoration for the specific day 
that was documented and provides information on the overall 
mission that he supported.

He was informed while in Vietnam that most of his service would 
not be documented due to the top secret classification and 
security operations.  The mission he supported included forward 
air observer (guidance for a B-52 strike), intelligence support 
for direct movement of Army troops and documentation of enemy 
positions.  

The applicant’s complete response is at Exhibit F.  

________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the evidence of record, we find 
the application untimely.  The applicant did not file his 
request for correction of his records for award of the BSM 
within three years after the alleged error or injustice was 
discovered as required by Title 10, United States Code, Section 
1552 and Air Force Instruction 36-2603, Air Force Board for 
Correction of Military Records.  The applicant has not shown a 
sufficient reason for the delay in filing on a matter now dating 
back over 32 years, which has greatly complicated the Board’s 
ability to determine the merits of the application.  Moreover, 
the applicant has not provided substantial evidence, such as a 
signed certificate or special order which would persuade us that 
his records should be corrected to show award of the BSM.    
Thus, we cannot conclude it would be in the interest of justice 
to excuse the applicant’s failure to file in a timely manner.

________________________________________________________________ 

DECISION OF THE BOARD:  

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.

________________________________________________________________ 

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03719 in Executive Session on 30 Sep 14, under 
the provisions of AFI 36-2603:

     , Panel Chair
     , Member
     , Member 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-03719 was considered: 

    Exhibit A.  DD Form 149, dated 3 Aug 13, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 6 Jan 14.
    Exhibit D.  Letter, SAF/MRBP, dated 10 Feb 14
    Exhibit E.  Letter, SAF/MRBR, dated 18 Aug 14. 
    Exhibit F.  Letter, Applicant, undated.

 

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