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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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 Boards
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 applicants 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. Applicants 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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