RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02631
		INDEX CODE:  107.00
		
		COUNSEL:  
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Silver Star (SS), Bronze Star Medal (BSM), and the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He earned the SS, BSM, and the PH, but was never awarded any of these medals due to his missions being classified.  All of his missions were in Northeast Laos.  He was told not to discuss any of the details of his missions for 25 years due to them being classified.

In support of his request, applicant provided his personal statement with the facts surrounding the injury he received on  25 Feb 69, for award of the PH; a letter from a Vision Center, copies of his DD Form 214s, Armed Forces of the United States Report of Transfer or Discharge, a Permanent Change of Station (PCS) order, Temporary Duty (TDY) orders, an Aeronautical Order designating him as a crew member, a Special Order awarding him the Basic Aircrew Member Badge, various photos, and a letter of appreciation.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served on active duty in the Regular Air Force from   25 May 56 through 30 Jun 79.  He served as a cook and a helicopter mechanic.  He was honorably released from active duty on 30 Jun 79, in the grade of technical sergeant, and was retired effective 1 Jul 79.  He was credited with 20 years and 25 days of active military service.

On 5 Oct 07, the applicant was notified of his entitlement to the Air Medal with 1 Oak Leaf Cluster (AM w/1OLC), based on Special Order Number XXXXXXXXXX, dated 1 May 70, for the inclusive period of 18 Jan 69 to 22 Jun 69, and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).  His DD Form 214 will be administratively corrected to reflect award of the AM w/1OLC and RVNGC w/P after Board action on his case.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial of the applicant’s request for the award of the SS, BSM, and the PH.

The SS is currently awarded by all branches of the Armed Forces to any person who, while serving in any capacity, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly forces against an opposing Armed Force in which the United States is not a belligerent party.

The BSM is awarded to a person in any branch of the military who, while serving in any capacity with the Armed Forces of the United States on or after 7 Dec 41, 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.

DPSIDR states after a thorough review of the applicant’s military records they were unable to locate a recommendation for the SS or the BSM.  Also, the applicant did not provide documentation to substantiate the award of the SS or the BSM such as a recommendation for, special orders, or a citation to substantiate his request.  All military decorations require a written recommendation from a recommending official within the member’s chain of command or someone with firsthand knowledge.  The applicant must utilize current administrative procedures to submit a recommendation for the SS and the BSM. 

To be awarded the PH, a member must provide documentation to support that his wounds were a direct result of enemy action and the wounds received medical treatment by medical personnel.  Indirect injuries do not meet PH criteria.  Indirect injuries include but are not limited to, diseases, exposure, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.

After a thorough review of the applicant’s military records they did not locate medical documentation of treatment in a field hospital of injuries sustained as a direct result of enemy action.  Also the applicant did not provide medical documentation to substantiate injuries received were as a direct result of enemy action.

The Purple Heart Review Board (PHRB) has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s entitlement to the PH.  Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented.  The applicant’s request may be submitted to the PHRB with the necessary documentation.

The DPSIDR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Oct 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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 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 and adopt its   rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, 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 Docket Number    BC-2007-02631 in Executive Session on 21 Dec 07, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02631 was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 2 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.