RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01723
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to the Bronze Star Medal (BSM).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was supposed to receive the BSM for saving three B-
52 aircraft at Utapao, Thailand on 7 Jan 1972. He risked his
life and deserves the BSM. The BSM should also be approved for
his colleague.
In support of his request the applicant provides two personal
notarized statements and two notarized witness statements.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Regular Air Force
from 28 Jun 1967 through 27 Jun 1975. He had one year of
Foreign Service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that the BSM is
awarded to a person in any branch of the military service who,
while serving in any capacity with the Armed Forces of the
United States after 6 Dec 1941, shall have distinguished himself
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 the Silver Star. It 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 such service must have been accomplished
with distinction. The applicant did not submit his request in a
timely manner as over 41 years have passed since the event
occurred. DPSID is unable to locate any official documentation
verifying the applicant was recommended for or awarded the BSM;
therefore, there is insufficient documentation to reasonably
consider the applicant's request. Nonetheless, should the Board
consider the merits of the case and overlook the lack of
timeliness, the applicant has not provided evidence of an error
or an injustice. To grant him relief would be contrary to DoDM
1348.33, Manual of Military Decorations and Awards.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 Jul 2013, a copy of the Air Force evaluation was forwarded
to the applicant 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, 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. 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 27 Jan 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-01723:
Exhibit A. DD Forms 149, dated 3 Apr 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 2013.
Exhibit D. Letter, SAF/MRBR, dated 24 Jul 2013.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
2
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
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