RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02384
		INDEX CODE:	107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 FEBRUARY 2009

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APPLICANT REQUESTS THAT:

His Air Force Commendation Medal (AFCM) be upgraded to the Bronze Star Medal (BSM).

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APPLICANT CONTENDS THAT:

He received the AFCM for his service in Ubon, Thailand from 1971 to 1972.  This was his second tour and he was originally cited for the BSM, but it was downgraded or lost.  He was awarded the AFCM for his permanent change of station (PCS).  During that time he was the non-commissioned officer in charge of the social actions office and was responsible for a great deal of material and responsibilities.  His supervisor thought his management of men, material and accomplishment of the mission was worthy of the BSM.  He was awarded the AFCM and believes upgrading the award to the BSM will right an injustice done to him over 30 years ago.  

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 January 1961.

On 21 September 1978, he was permanently discharged for disability reasons with an honorable discharge.  He served 17 years, 10 months and 27 days on active duty.

The BSM is awarded to a person in any branch of the military service who, while serving in any capacity with the Armed Forces of the United States on or after 7 December 1941, shall have distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.
The award recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the Silver Star. It also recognizes single acts of merit and meritorious service if the achievement or service is of a lesser degree than that deemed worthy of the Legion of Merit; but such service must have been accomplished with distinction.
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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states after a thorough review of the applicant's records, they were unable to locate a recommendation for the BSM.  The applicant did not provide documentation to substantiate the award for the BSM, such as a recommendation, special orders, or citation.  In addition, DPPPR did not locate the special orders, citation, or the certificate for the AFCM, although it is listed in his DD Form 214.  All military records require a written recommendation from a recommendation official within the applicant's chain of command or someone with firsthand knowledge.  The Fiscal Year 1996 National Defense Authorization Act lifted the previous time limitation on submitting recommendations. Veterans who make a case for award consideration (or upgrade of a previously awarded decoration) not previously eligible because of the old time limits may now submit for award consideration.  However, the written recommendation must meet two criteria.  First it must be made by someone, other than the member himself, in the member's chain of command at the time of the incident, and who has firsthand knowledge of the acts and achievements.  Secondly, it must be submitted through a congressional member who can ask a military service to review a proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred.  

The complete AFPC/DPPPR evaluation is attached 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 14 September 2007 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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.  After a thorough review of the available evidence and the applicant’s complete submission, we are not persuaded that his records should be corrected to upgrade his AFCM to the BSM.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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; 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.

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The following members of the Board considered Docket Number BC-2007-02384 in Executive Session on 1 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 16 July 2007.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 20 August 2007.
	Exhibit D.	Letter, SAF/MRBR, 14 September 2006.