RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS.

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-03365
								INDEX CODE:  107.00
								COUNSEL:  None

								HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM), First Oak Leaf Cluster (1OLC) be upgraded to a Bronze Star Medal (BSM) for his service during the period 12 August 1970 to 18 April 1971.

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APPLICANT CONTENDS THAT:

He served his country with honor and pride for 20 years, to include his tenure in Vietnam.  He retired with an “Honorable Discharge,” and believes his request for upgrade from his AFCM to a BSM warrants favorable consideration.

He strongly believes that he is entitled to the BSM because he has been diagnosed with a combat related illness contracted from exposure to Agent Orange while serving in Vietnam.  Furthermore, the Veterans Administration office has awarded him 90% disability for this illness.  He served his country with great honor and pride, and is extremely proud to be a Vietnam Veteran.

In support of his request, applicant submits copies of his transmittal letter, the recommendation for a BSM, Citation, Certificates (3), his separation document and a letter from the Department of Veterans Affairs (DVA).  The applicant’s complete submission, with attachments is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 3 February 1959 in the grade of airman basic for a period of three years.  He was progressively promoted to the grade of technical sergeant and was retired on 1 April 1981 for years of service.  He was credited with 22 years, 1 month and 28 days of active duty service.

The applicant was awarded the AFCM (1OLC) for meritorious service as a Combat Support Group Secretary/Custodian of the Airman’s Open Mess, Tan Son Nhut AB, Republic of Vietnam during the period 12 August 1970 to 18 April 1971.

The applicant’s separation document reveals he received the Defense Meritorious Service Medal; Air Force Commendation Medal (2OLC); Small Arms Expert Marksmanship Ribbon; Army Good Conduct Medal; Air Force Longevity Service Award (4 OLC); National Defense Service Medal; Vietnam Service Medal with 2 Bronze Stars; Air Force Outstanding Unit Award (4OLC); Republic of Vietnam Campaign Medal; Republic of Vietnam Gallantry Cross with Palm, and the Air Force Good Conduct Medal (5OLC).

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR stated that the applicant served on active duty from 3 February 1959 to 31 March 1981, with an overseas tour in Vietnam 12 August 1970 to 18 April 1971.  The applicant’s DD Form 214 reflects all of the awards and decorations to which he is entitled.  Although the applicant did not provide a copy of the order and citation awarding him the AFCM (1 OLC), a copy was found in his military personnel record.  The citation for the AFCM (1OLC) with the exception of the opening and closing statements, are exactly the same as the proposed Bronze Star Medal (BSM) citation.

DPPPR stated that the BSM is awarded to service members who distinguish themselves by heroic or meritorious achievement or service, not involving participating in aerial flight, under any of the following circumstances:  (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force; or (3) 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.

DPPPR notes that the recommendation package for the BSM was submitted into official channels and forwarded to XXth Air Force for final approval.  Since the XXth and XXth Air Forces’ Decoration Review Boards reviewed all decorations at that time, they were in the best position to determine which recommendations for the BSM should be awarded and which should be downgraded to the AFCM in order to provide consistency in decorations.  

DPPPR concluded by stating that the applicant has not made any effort for almost 30 years to have his AFCM (1OLC) upgraded; has not provided any documents showing he submitted a request for upgrade through administrative channels while still on active duty (which is to be done within one year of the final approval date; and has not provided any justification for the upgrade or support from anyone in his [then] chain of command.

A copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 December 2003 for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  We took notice of the applicant’s contention that he should be awarded the Bronze Star Medal (BSM) because he was diagnosed with a combat related illness contracted from exposure to Agent Orange while serving in Vietnam, however, we are not persuaded by the evidence presented that his contention possesses merit.  While the applicant was recommended for award of the BSM by unit authorities, the recommendation was downgraded to an AFCM, 1OLC by the award approval authority.  The applicant has provided no evidence that would lead us to believe that this decision was unjust, that erroneous standards were applied in his case, or that the award approval authority’s decision represents an abuse of discretionary authority.  While we appreciate and honor the applicant’s service to his country, in view of the above and absent persuasive evidence showing his records are in error or unjust, the applicant’s request cannot be favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 11 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03365:

	Exhibit A.  DD Form 149, dated 6 Oct 03, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPPR, dated 2 Dec 03, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.