RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01549 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be promoted to the grade of technical sergeant (TSgt/E-6) and that he be entitled to the Bronze Star Medal (BSM). ________________________________________________________________ THE APPLICANT CONTENDS THAT: While serving in the field, as a member of a “RAVENS” unit, from October 1970 to July 1971, he received verbal orders from his commander promoting him to the grade of TSgt and awarding him the BSM. He states that this was a standing order to pin on the stripes and wear the BSM after completing a classified mission in his former unit. Approval of his request will support his entitlement to receive benefits under the Combat-Related Special Compensation (CRSC) program. In support of his appeal, the applicant provides a copy of a letter he submitted to the Defense Finance and Accounting Service (DFAS) and supporting documents from his master personnel and Department of Veterans Affairs records (MPR/DVA). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. On 21 Jul 10, the applicant’s record was administratively corrected to reflect his entitlement to the award of the Vietnam Service Medal, with two Bronze Service Stars (VSM, w/2BSS) and the Republic of Vietnam Campaign Medal (RVCM). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOE recommends denial. They found no official documents/promotion orders in the applicant’s record to indicate he was ever selected or promoted to the grade of TSgt. Based on his Date of Rank (DOR) to SSgt, he would have been eligible for promotion consideration to TSgt under the Weighted Airman Promotion System (WAPS) beginning with cycle 71A6. DPSOE notes that they were unable to verify whether the applicant was considered or selected for promotion to TSgt because promotion history files are only maintained for a period of 10 years. The complete AFPC/DPSOE evaluation is at Exhibit C. AFPC/DPSIDRA recommends denial, stating, in part, no special order, recommendation, eyewitness statements, or proposed citation was provided by the applicant or located within the applicant’s military records. The BSM is awarded to any person who, after 6 Dec 41, while serving in any capacity with the Armed Forces of the United States, distinguishes himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight…. The complete AFPC/DPSIDRA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Aug 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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 offices 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01549 in Executive Session on 19 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 24 May 10. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.