RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02123 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to the award of the Bronze Star Medal (BSM) and the Air Force Commendation Medal (AFCM) elements. ________________________________________________________________ THE APPLICANT CONTENDS THAT: In Oct 69, he was transferred from the Retired List and recalled to extended active duty (EAD) for one year, in support of the Vietnam War. Upon his return to stateside, he was advised that paper work had been submitted for him to receive the BSM and the AFCM and that they would be presented to him upon receipt; however, he never received the elements. In support of his appeal, the applicant provides a personal statement and an inquiry through his Member of Congress. 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. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial, stating, in part, that there is no special order, recommendation, eyewitness statements, proposed citation, or any other evidence provided by the applicant or located within his military record to support the applicant’s request for entitlement to the award of the BSM. Further, although the AFCM is listed on the DD Form 214, dated 31 Oct 70, a copy of the decoration elements was not located within his military record. Without a copy of the original AFCM elements, they are unable to reaccomplish the AFCM elements. The complete AFPC/DPSIDRA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was 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 D). ________________________________________________________________ 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 basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2010-02123 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 12 May 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 8 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.