RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03177
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, issued 4 Sep 70, be amended to include his
service in Vietnam. (Administratively Corrected)
2. He be awarded the Vietnam Service Medal (VSM).
(Administratively Corrected)
3. He be awarded the Air Medal (AM).
APPLICANT CONTENDS THAT:
He qualifies for award of the VSM and the AM. He provides copies
of his Temporary Duty (TDY) orders, AM order and other source
documents to substantiate his entitlement to the requested awards.
The Board should consider his untimely request in the interest of
justice because he just had open-heart surgery and had to review
all of his records for correction.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 6 Sep 66, the applicant initially entered the Regular Air
Force.
On 4 Sep 70, the applicant was honorably released from active duty
and was credited with 3 years, 11 months, and 29 days of active
duty service, including 1 year, 9 months, and 18 days of foreign
and/or sea service.
On 21 Nov 14, DPAPP administratively corrected the applicants
record to reflect boots on the ground in Hawaii and the Republic
of Vietnam.
Upon final Board action, the applicants record will be
administratively corrected to reflect award of the VSM, with Three
Bronze Service Stars (VSM, w/3BSS) and the Republic of Vietnam
Gallantry Cross with Palm (RVNGC, w/P).
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial for award of the AM, indicating there
is no official documentation, such as a recommendation or Special
Order, in the applicant's military personnel record to verify he
was recommended for or awarded the AM. In order to reasonably
consider the applicant's request, he will need to submit a
recommendation from someone with firsthand knowledge of the
act/achievement preferably from someone within the applicant's
chain of command at the time of the act/achievement, a proposed
citation, and eyewitness statements.
In regards the memorandum from the 6lst Military Airlift Wing, we
believe the last paragraph to be an error, and that the memorandum
refers to the applicant's Air Force Commendation Medal (AFCM).
Although the applicant refers to orders, we are unable to locate
any of the award elements that should have been attached to the
memorandum, and none were provided. However, the citation and
Special Order for the award of the AFCM are located in the
applicant's record. It seems unlikely that there were two
decorations, the AM and the AFCM, awarded by the same unit for the
same time period, and all the elements for one are in the
applicant's record, but the record is silent as to the other. If
the National Personnel Record Center transmitted the award based
on official documentation, we are unable to locate it. Finally, a
search for flight orders ended with a negative result, and the
applicant's primary job of Aerospace Ground Equipment Mechanic,
coupled with the absence of any references to flight in either the
AFCM citation or the applicant's Enlisted Performance Report
(EPR), result in it being questionable that the applicant was
awarded the AM for sustained meritorious achievement while engaged
in aerial flight. The only supporting documentation is an
uncorroborated sentence in an undated memorandum. 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.
The AM may be awarded to any person who, while serving in any
capacity with the United States Armed Forces, subsequent to 8 Sep
39, distinguishes himself or herself by meritorious achievement
while participating in an aerial flight. The Air Medal may be
awarded for combat or non-combat action in recognition of single
acts of valor, heroism, or merit while participating in aerial
flight. Additionally, it may be conferred for sustained
meritorious achievement (distinction) in the performance of duties
involving aerial flight.
DPSID also notes that based on a review of the applicant's
official military personnel record, they were able to determine
the applicant should be awarded the VSM w/3BSS and the RVNGC w/P,
during his service from 6 Sep 66 to 4 Sep 70 which were not
reflected in his records. Upon final board decision,
administrative correction of the applicant's official military
personnel record will be completed by AFPC/DPSOR:
The complete DPSID evaluation, with attachment, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant refutes the OPRs claim that he is not entitled to
the AM; however, based on the criteria, he is not able to provide
any documents awarding him the AM. In addition, while he is not
aware of the reasons of what he did to earn consideration for the
AM, he seriously doubts the Air Force, Awards and Personal Affairs
Branch would sign any sort of document, etc, without a just cause.
The applicants complete response, with attachment, 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. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
Should the applicant provide additional evidence, as requested by
the OPR, to substantiate his claim, we would be willing to
reconsider his appeal. Aside from the administrative corrections
noted above, 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-2014-03177 in Executive Session on 14 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 28 Jan 15, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 15.
Exhibit E. Letter, Applicant, dated 3 Mar 15, w/atch.
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