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Decision Text

AF | BCMR | CY2014 | BC 2014 01093
Original file (BC 2014 01093.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01093

					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 Bronze Star Medal (BSM).


APPLICANT CONTENDS THAT:

He was presented the BSM while hastily departing Southeast Asia 
due to the illness of his child.  He recently discovered the error 
when the Disabled American Veterans organization asked to see a 
copy of his DD Form 214.

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


STATEMENT OF FACTS:

The applicant commenced his service in the Regular Air Force on 
13 Jun 66.

On 14 Jun 71, the applicant was honorably discharged, and was 
credited with five years and two days of active service; which 
included 8 months and 25 days of foreign service.

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 
and D.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an 
error or an injustice.  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 December 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.

There is no evidence in the applicant's record, nor did the 
applicant present any, to support award of the BSM.  In order to 
reasonably consider the applicant's request, he needs to submit a 
recommendation from someone with firsthand knowledge of the 
act/achievement preferably from someone within his chain of 
command at the time of the act/achievement, a proposed citation 
with inclusive dates and a summary of his single act of heroism or 
extraordinary achievement, and eyewitness statements.  To grant 
relief would be contrary to the criteria established by DoDM 
1348.33, Secretary of the Air Force, Chief of Staff, and/or the 
War Department.  Also, the applicant’s request was not timely 
filed and should be disapproved on that basis.

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

SAF/MRBP recommends denial, indicating there is no evidence of an 
error or an injustice.  There is no evidence in the applicant's 
record, nor did the applicant present any, to support award of the 
BSM.

A complete copy of the SAF/MRBP evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 25 Aug 14 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


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 warranting 
correction of the applicant’s records to reflect his entitlement 
to the BSM.  We took notice of the applicant's complete submission 
in judging the merits of the case; however, we agree with the 
opinions and recommendations of the Air Force offices of primary 
responsibility and adopt their 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 requested relief.


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-2014-01093 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 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 27 May 14
	Exhibit D.  Memorandum, SAF/PC, dated 6 Aug 14.
Exhibit E.  Letter, SAF/MRBR, dated 25 Aug 14.

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