RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02578
		INDEX CODE:  107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM).

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APPLICANT CONTENDS THAT:

His supervisor recommended him for the BSM for his actions on 16 May 1970 while serving in Vietnam.  His subordinate who was with him at that time, was recommended for the BSM also and his BSM was approved.

In support of his request, the applicant provided a personal statement and a copy of his Airman Performance Report (APR) closing 28 June 1970.

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

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STATEMENT OF FACTS:

Applicant retired from the Air Force on 1 July 1984 in the grade of master sergeant after serving 20 years and 7 days on active duty.  He served as a Law Enforcement Supervisor.

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AIR FORCE EVALUATION:

DPSIDR recommends denial.  DPSIDR states 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.

After a thorough review of the applicant’s military records DPSIDR was unable to locate a recommendation for the BSM.  The applicant did provide a performance report dated 15 December 1969 to 28 June 1970 which states “For his outstanding actions Staff Sergeant XXXXXXXXXX was nominated for the BS award” as proof he was indeed nominated for the BSM.  However, documentation could not be located to substantiate the award of BSM, such as a recommendation for, special orders, or citation to substantiate request.

DPSIDR’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 October 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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 an error or injustice.  The applicant’s contentions are duly noted; however, after reviewing the evidence of record along with the applicant’s submission, the Board agrees with the opinion and recommendation of the Air Force and adopts its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, the Board finds no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an 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 AFBCMR Docket Number BC-2007-02578 in Executive Session on 27 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 August 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIDR, dated 13 September 2007.
   Exhibit D.  Letter, SAF/MRBR, dated 12 October 2007.