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Decision Text

AF | BCMR | CY2014 | BC 2014 02353
Original file (BC 2014 02353.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02353

						COUNSEL:  NONE

		HEARING DESIRED:  YES


APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Air Force 
Commendation Medal (AFCM), First Oak Leaf Cluster (1BOLC) for his 
outstanding achievement on 16 Mar 70.


APPLICANT CONTENDS THAT:

His AFCM (1BOLC) was being processed through the orderly room; 
however, when the staff rotated out, the new personnel failed to 
continue the processing of his medal.

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


STATEMENT OF FACTS:

On 23 Aug 67, the applicant commenced his enlistment in the 
Regular Air Force.

The applicant served with the 4th Tactical Fighter Squadron in 
DaNang Air Base, Vietnam from 21 Mar 69 to 3 Apr 70.

The applicant received the AFCM for his meritorious service from 
28 Apr 69 to 26 Apr 70. 

The Rescue Information Report, dated March 16, 1970, reflects an 
aircraft accident occurred on DaNang Air Base, Vietnam.

The applicant’s Air Force Form 7, Airman Military Record, Item 18, 
Remarks, states Counterinsurgency experience in Vietnam from 28 
Apr 69 to 4 Apr 70.  

On 22 Jun 71, he was furnished an honorable discharge, and was 
credited with 3 years and 10 months of active service.




On 25 Mar 15, the Board staff forwarded the applicant a copy of 
Rescue Information Report, dated 16 Mar 70, for his review and 
comment within 30 days.  As of this date, no response has been 
received by this office.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an 
error or an injustice.  The AFCM is awarded to service members 
who, while serving in any capacity with the Air Force after 
24 Mar 58, who distinguished themselves by meritorious achievement 
or service for at least one day served for each campaign phase.  
While the applicant provided a copy the citation for award of the 
AFCM (1BOLC), his entitlement to it could not be verified.  The 
special order is the source document used to verify award of a 
decoration.  There was no official documentation located in the 
applicant’s military record to verify he was recommended for or 
awarded the AFCM (1BOLC).  

In order for a request to be reasonably considered, the applicant 
will need to submit a recommendation from someone, preferably in 
his rating chain at the time with firsthand knowledge of his act 
or achievement, a proposed citation with inclusive dates and a 
summary of his act or achievement and eyewitness statements.

The applicant’s entitlement to the Air Force Outstanding Unit 
Award with Valor and one Bronze Oak Leaf Cluster (AFOUA w/V and 
1BOLC), Vietnam Service Medal with three Bronze Service Stars (VSM 
w/3 BSS) and the Republic of Vietnam Gallantry Cross with Palm 
(RVNGC w/P) was verified and his records will be administratively 
corrected to reflect these medals.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 27 Oct 14 for review and comment within 30 days (Exhibit D).  
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 with respect to 
the applicant’s request for the Air Force Commendation Medal, 
First Bronze Oak Leaf Cluster (AFCM (1BOLC)).  While the applicant 
has provided what appears to be a citation for the requested award 
recognizing his efforts associated with an aircraft accident on 16 
Mar 70, and a Rescue Information Report reflects an aircraft 
accident occurred on the 16 Mar 70, without the certificate and/or 
special orders, we do not find the evidence sufficient to conclude 
that the applicant was or should have been awarded the AFCM 
(1BOLC) for his purported participation in this incident.  In this 
respect, we note that while it is possible he was recommended for 
the AFCM (1BOLC), without any evidence that the commander approved 
a recommendation for such an award, we cannot conclude that it is 
more likely than not that he was awarded the requested decoration.  
We note the Air Force OPR has verified the applicant’s entitlement 
to the Air Force Outstanding Unit Award with Valor and one Bronze 
Oak Leaf Cluster, Vietnam Service Medal with three Bronze Service 
Stars, and the Republic of Vietnam Gallantry Cross with Palm and 
will correct his records administratively.  Therefore, in the 
absence of evidence to the contrary, we find no basis to recommend 
granting any relief beyond that rendered administratively.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered.


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-2014-02353 in Executive Session on 24 Mar 15 and 7 May 15 under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

?
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02353 was considered:

	Exhibit A.  DD Form 149, dated 3 Jun 14,  w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 8 Aug 14.
Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 14.
Exhibit E.  Letter, AFBCMR, dated 25 Mar 15, w/atch.



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