RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01359
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Air Force Commendation Medal (AFCM), First Oak Leaf Cluster
(1OLC), for actions while under attack from an enemy ground force
in Phnom Pehn, Cambodia, in 1975, be upgraded to the Bronze Star
Medal (BSM).
APPLICANT CONTENDS THAT:
The dangerous nature of the events deserves a higher award than
the AFCM. He believes the officers involved in the same recovery
operation were awarded the BSM and he should be equally
recognized.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant commenced his service in the Regular Air Force on 30
Jun 70.
On 22 Mar 75, the applicant was part of a recovery team that
repaired a C-130 aircraft, under hostile fire from an enemy ground
force, enabling the aircraft to safely fly to friendly territory.
For these actions, he was awarded the AFCM (1OLC).
The AFCM is awarded to members of the Armed Forces of the United
States, below the grade of Colonel and foreign military personnel,
who, while serving in any capacity with the Department of the Air
Force after 28 Mar 58, distinguished themselves by outstanding
achievement or meritorious service.
On 29 Jul 76, the applicant was honorably discharged, and was
credited with six years and one month of active service, which
included 2 months, 6 months, and 19 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 Exhibit 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 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. The applicant has not provided sufficient
documentation verifying an injustice exists. The original award
approval authority determined the AFCM was the appropriate award
to recognize the applicant's outstanding achievement on 22 Mar 75.
The applicant has not provided a recommendation for upgrade to the
BSM from someone with firsthand knowledge and preferably in his
direct chain of command at the time the act/achievement occurred,
a proposed citation, or eyewitness statements from those who saw
the applicant's act/achievement in order for his request to be
reasonably considered. 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.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial of upgrading the requested AFCM to a
BSM, indicating there is no evidence of an error or an injustice.
The applicant did not provide a recommendation for upgrade from
his chain of command, or someone with first-hand knowledge or an
eye-witness that would allow the request to be reasonably
considered.
A complete copy of the SAF/MRBP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant refutes the opinion of the OPR and argues his
original submission, the citation of the award, is sufficient
documentation to justify upgrading his AFCM to the BSM. To
support the advisory recommendation of a request from someone with
firsthand knowledge of the act, he provides the name of his
officer in charge, as listed on the special order, dated
31 Oct 75, as evidence of someone with firsthand knowledge of the
event; unfortunately, this person is now deceased.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file 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. Applicant
has not shown a plausible reason for the delay in filing, and we
are not persuaded that the record raises issues of error or
injustice which require resolution on the merits. Thus, we cannot
conclude it would be in the interest of justice to excuse the
applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
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-2014-01359 in Executive Session on 25 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01359 was considered:
Exhibit A. DD Form 149, dated 27 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 27 May 14.
Exhibit D. Memorandum, SAF/MRBP, dated 4 Sep 14.
Exhibit E. Letter, SAF/MRBR, dated 27 Oct 14.
Exhibit F. Letter, Applicant, dated 12 Nov 14.
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