RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02573
		INDEX CODE:  107.00

		COUNSEL:  NONE 

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM) for meritorious service in Vietnam.

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APPLICANT CONTENDS THAT:

He was nominated for the Bronze Star Medal by his commanding officer and never received the award.

In support of his appeal, the applicant provided letters from his former commander dated 19 May 1970 and 22 January 2002 and other documentation.

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

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STATEMENT OF FACTS:

During the time period in question, the applicant was serving on extended active duty in the grade of first lieutenant.

On 4 July 1970, the applicant was separated in the grade of captain, under the provisions of AFR 36-12 (Released Upon Established Date of Separation).  He served a total of 4 years, 9 months, and 3 days total active duty.

Per AFPC/DPPPR the applicant’s DD Form 214 should reflect award of the Air Force Outstanding Unit Award with V device, Republic of Vietnam Honor/Medal First Class, Republic of Vietnam Gallantry Cross with Palm, and Republic of Vietnam Civil Actions Unit Citation.  They further state that these will not be added until the AFBCMR has rendered a decision regarding the BSM.

The BSM is awarded to individuals who distinguish themselves by heroic or meritorious achievement or service, not involving participation in aerial flight, while engaged in action against an enemy or while engaged in military operations involving conflict.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that there is no indication in the applicant’s records that he was recommended for, or awarded, the BSM.  The applicant provided a copy of the 19 May 1970 letter that his [then] commanding officer sent to 7th Air Force, requesting a check on the status of the BSM recommendation he had submitted.  He asked that he be advised of the procedures to follow if the original nomination was not located.

A copy of the applicant’s Officer Performance Reports (OPRs) and the citation for the Republic of Vietnam Honor Medal, First Class, is at attachment 2.  Note:  The citation has the incorrect heading of “The Vietnam Medal of Honor (First Class).”  Republic of Vietnam units awarded the Republic of Vietnam Honor Medal to members of their counterpart units for meritorious service, which contributed in the Vietnamese unit’s success; First Class was awarded to officers, Second Class to enlisted personnel.

The only official documentation regarding a recommendation for award of the BSM being submitted into official channels (signed by the recommending official and endorsed by the next higher official in the chain of command) is the 19 May 1970 letter from the applicant’s [then] commanding officer to 7th Air Force, requesting the status of the recommendation package.  No copy of the response was provided.  There would be no reason to put a copy of the letter, or the response, into the applicant’s records.  Since the applicant has not provided any other documentation showing that he was recommended for the BSM, they cannot verify his eligibility for this decoration.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 September 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty (30) days.

The applicant provided a letter dated 28 September 2002, requesting his case be temporarily withdrawn (Exhibit E).

On 23 October 2002, the applicant provided additional documentation reopening his case (Exhibit G).

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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 an 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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  There is no indication in the applicant’s records that he was officially recommended for, or awarded the BSM.  While we note the letter from the applicant’s then commanding officer requesting the status of the recommendation package of the BSM, we find there was no response provided regarding the status of the award.  In the Board’s opinion it is quite possible the recommendation was simply not approved.  The applicant has not established to our satisfaction that he was awarded the Bronze Star.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-02573 in Executive Session on 21 November 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 July 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 17 September 2002, 
		       w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 20 September 2002.
   Exhibit E.  Letter, Applicant, dated 28 September 2002.
   Exhibit F.  Letter, AFBCMR, dated 11 October 2002.
   Exhibit G.  Letter, Applicant, dated 17 October 2002, w/atchs.