RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03190 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be corrected to show he was awarded the Bronze Star Medal with Valor (BSM w/V). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was previously awarded the BSM, w/V, however, he never received the elements. In support of his request, the applicant submits a copy of AF Form 77a, Supplemental Sheet to AF Forms 77, a copy of a letter of recommendation for the Bronze Star, a copy of his DD Form 214, Report of Separation from Active Duty, a copy of AF Form 1411, Extension or Cancellation of Extension of Enlistment in the Regular Air Force, copies of DD Form 4, Enlistment Contract – Armed Forces of the United States, and copies of his enlisted performance reports. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 15 March 1965 for a period of four years in the grade of airman basic. He was honorably separated in the grade of staff sergeant after serving 8 years, 3 month and 28 days of total active military service. His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects award of the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal, and Air Force Good Conduct Medal, National Defense Service Medal, and Air Medal. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR was unable to verify if the applicant was approved for an award of the BSM w/V by the approval authority 7th Air Force. AFPC/DPSIDR’s complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 December 2007, for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ _ 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. The majority of the Board noted that the applicant provided a letter that appeared to support his contention he was recommended for the BSM w/V device; however, as no further conclusive evidence was provided, the majority of the Board agrees with the Air Force office of primary responsibility and adopt its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice. His record did not contain nor was he able to present any evidence of an official, signed recommendation that he was either submitted or approved for award of the BSM w/V. Therefore, in the absence of evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered Docket Number BC-2007-03190 in Executive Session on 24 January 2008, under the provisions of AFI 36-2603: A majority of the Board voted to deny the application. XXXXXXXXXXXX voted to correct the records but does not wish to submit a Minority Report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Sep 07, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 3 Dec 07. Exhibit C. Letter, SAF/MRBR, dated 14 Dec 07. AFBCMR BC-2007-03190 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Application of XXXXXXX, XXXXXXX I have carefully reviewed the evidence of record and the recommendation of the Board members. A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied. I concur with that finding and their conclusion that relief is not warranted. Accordingly, I accept their recommendation that the application be denied. Please advise the applicant accordingly.