RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01200

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Bronze Star 
Medal (BSM), the Air Medal (AM), and any unit awards that he may 
be entitled to.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was recommended for the BSM while assigned to the 21st 
Tactical Air Support Squadron (TASS) in Nha Trang Air Base, 
Vietnam.  He should receive the AM for his participation in 
hazardous flights.  The 21st TASS was awarded two unit awards 
during his period of service.  

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

________________________________________________________________

STATEMENT OF FACTS:

On 18 Oct 67, the applicant commenced his enlistment in the 
Regular Air Force.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for the 
BSM and AM indicating there is no evidence of an error or an 
injustice.  The applicant does not meet the eligibility criteria 
for award of the BSM or AM.  The BSM is awarded to individuals 
who, while serving in the Armed Forces of the United States 
after 6 Dec 41, distinguished themselves by heroic or 
meritorious achievement or service, not involving participation 
in aerial flight, in connection with military operations against 
an armed enemy.  The award recognizes acts of heroism performed 
in ground combat if they are of lesser degree than that required 
for Silver Star.  The BSM also recognizes single acts of merit 
and meritorious service if the achievement or service is of a 
lesser degree than that deemed worthy of the Legion of Merit, 
but the service must been accomplished with distinction.

The AM is awarded to any person who, while serving in any 
capacity with the United States Armed Forces, subsequent to 
8 Sep 39, distinguished themselves by heroic or meritorious 
achievement while participating in aerial flight.  The AM may be 
awarded for combat or non-combat action in recognition of single 
acts or valor, heroism, or merit while participating in an 
aerial flight.  In addition, it may be conferred for sustained 
meritorious achievement (distinction) in the performance of 
duties involving aerial flight.

There was no official documentation in the applicant’s military 
personnel records to verify he was recommended for or awarded 
the BSM or AM.  The applicant’s application did not contain any 
documentation such as proposed citations or eyewitness 
statements attesting to the acts to substantiate his entitlement 
to the BSM or AM. 

A review of the applicant’s military personnel records verified 
his entitlement to Presidential Unit Citation with one Bronze 
Oak Leaf Cluster (PUC w/1BOLC), Air Force Outstanding Unit Award 
(AFOUA), Air Force Good Conduct Medal (AFGCM), Vietnam Service 
Medal with four Bronze Service Stars (VSM w/4BSS), and Republic 
of Vietnam Gallantry Cross with Palm (RVNGC w/P).  His records 
will be administratively corrected to reflect these awards.  
DPISD noted the appropriate office of primary responsibility 
will have to determine if the Civil Action Honor Medal will be 
reflected on his DD Form 214.  The applicant provided a copy of 
Headquarters Department of the Army General Order Number 48, 
awarding the 5th Special Forces Group, 1st Special Forces and its 
assigned units the Civil Action Honor Medal First Class award 
while the applicant was assigned to said unit; however, the 
appropriate Air Force office of primary responsibility (OPR) 
will have to determine if the Civil Action Honor Medal should be 
reflected on his DD Form 214.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his appeal the applicant provided emails from two 
fellow service members who he flew with in Vietnam.




The applicant’s complete response, with attachments, is at 
Exhibit E.

________________________________________________________________

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 with respect 
to the applicant’s request for the Bronze Star Medal (BSM) or 
Air Medal (AM).  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 opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  We 
note that the Air Force office of primary responsibility has 
determined that the applicant is entitled to the Presidential 
Unit Citation with one Bronze Oak Leaf Cluster (PUC w/1BOLC), 
Air Force Outstanding Unit Award (AFOUA), Air Force Good Conduct 
Medal (AFGCM), Vietnam Service Medal with four Bronze Service 
Stars (VSM w/4BSS), and Republic of Vietnam Gallantry Cross with 
Palm (RVNGC w/P) and his records will be corrected 
administratively.  We also note that the applicant has provided 
a copy of special orders related to his request for the Civil 
Action Honor Medal First Class award; however, in view of the 
fact the Civil Action Honor Medal First Class Award is an Army 
award, the appropriate Air Force OPR will have to make an 
administrative determination if its inclusion on the applicant’s 
DD Form 214 is appropriate.  Therefore, based on the evidence 
before us, we must deny the applicant’s request relative to this 
award until such time as this determination can be made.  If the 
applicant still believes that his records are in error on this 
point, he may request reconsideration of this aspect of his 
request.  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-2013-01200 in Executive Session on 19 Dec 13, under 
the provisions of AFI 36-2603:

	, Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 Oct 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 13 May 13.
	Exhibit D.  Letter, SAF/MRBR, dated 28 May 13.
	Exhibit E.  Letter, Applicant, dated 25 Jun 13, w/atchs.




                                   
                                   Chair
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974