RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05790

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be amended to reflect the Silver Star (SS) or Bronze Star 
Medal (BSM) for heroic acts during his service in Vietnam.


APPLICANT CONTENDS THAT:

While serving as a security police specialist at     Air Base, 
he acted bravely and heroically during multiple rocket attacks 
by enemy forces.  Specifically, during a rocket attack on     , 
he bravely prepared for a potential ground assault while he 
relayed the impact locations of the rockets and the launch 
position of the enemy, enabling U.S. forces to conduct a 
counter–artillery strike to end the attack.  His actions 
resulted in no loss of life and prevented further damage to Air 
Force resources.

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


STATEMENT OF FACTS:

On 11 Sep 67, the applicant initially entered the Regular Air 
Force. 

On 28 May 71, the applicant was honorably discharged at the 
completion of his required active service and credited with 
3 years, 8 months, and 18 days active service, of which one year 
and three days were foreign service.  

On 30 Jul 10, the applicant applied to the AFBCMR, requesting 
“all medals he was entitled to as a result of his U.S.A.F. 
service,” to include the BSM for actions on     .  The 
applicant’s record was administratively corrected to award the 
Air Force Outstanding Unit Award (AFOUA) with Valor & one Oak 
Leaf Cluster; Vietnam Service Medal (VSM) with four Bonze 
Service Stars (BSS); Republic of Vietnam Gallantry Cross with 
Palm (RVGC w/P); Republic of Vietnam Campaign Medal (RVCM).  
With regards to his request for the BSM, the applicant was 
advised that he had not availed himself of the procedures 
prescribed under the provisions of the 1996 NDAA (which waives 
the condition of timeliness) and was given instructions on how 
to do so.  Specifically, the recommendation for award of the BSM 
must be made by someone other than the member himself, 
preferably the commander or supervisor at the time of the act or 
achievement with firsthand knowledge of the applicant’s 
accomplishments.

The remaining relevant facts pertaining to this application are 
contained in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C, 
D, and E.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial with respect to the applicant’s 
request for the SS or BSM, indicating there is no evidence of an 
error or an injustice.  The SS is the third highest military 
valor decoration that can be awarded to a person serving in any 
capacity with the United States Armed Forces.  The SS may be 
awarded according to any individual while serving in any 
capacity with the United States Armed Forces, who distinguishes 
himself or herself by gallantry in action 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; 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.  The BSM is awarded for valor in combat 
to a lesser degree than required for the award of the SS and 
awarded for meritorious achievement or service during armed 
conflict that is of a lesser degree than that required for award 
of the Legion of Merit.

Prior guidance has been provided to the applicant as to the 
documents required to reasonably consider award of the SS or the 
BSM; however, none were provided with this request.  To grant 
relief would be contrary to the criteria established by DoDM 
1348.33, the Secretary of the Air Force, Chief of Staff, and/or 
the War Department.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

AFHRA/RS recommends the applicant be provided further 
clarification of the steps required to properly request 
consideration for either medal.  Additionally, AFHRA/RS provides 
documentation from the official unit history regarding the 
attacks on    .

A complete copy of the AFHRA/RS evaluation is at Exhibit D.

SAF/PC recommends denial to award the SS or BSM, indicating 
there is no evidence of an error or an injustice.  After a 
review of the applicant’s record, the AFPC/DPSID advisory, and 
the supporting documentation presented with this request, the 
requisite evidence does not warrant approval of either medal.

A complete copy of the SAF/PC evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s wife provides documentation of rocket attacks 
against     Air Base for the time period under review, names of 
eye witnesses, and photographs of damaged buildings to 
substantiate the applicant’s request (Exhibit F).


THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 warranting 
correction of the applicant’s records to reflect his entitlement 
to the SS or BSM.  We took notice of the applicant’s complete 
submission, to include his rebuttal response, in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
of injustice.  We note the applicant has been advised that in 
order for his request to be reasonably considered, it must be 
accompanied by a recommendation from someone other than himself, 
with firsthand knowledge of the applicant’s acts or achievements 
during the event in question.  With this information, the 
applicant could avail himself of the procedures prescribed in 
the National Defense Authorization Act of 1996 whereby he could 
submit such a recommendation through his elected Congressional 
representative for processing.  Therefore, 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-2013-05790 in Executive Session on 17 Dec 14 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Dec 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 27 Mar 14.
Exhibit D.  Memorandum AFHRA, dated 11 Aug 14
Exhibit E.  Memorandum, SAF/PC, dated 7 Oct 14
Exhibit F.	Letter, SAF/MRBR, dated 30 Oct 14, w/atchs.
Exhibit G.	Letter, Applicant, dated 5 Nov 14, w/atchs.