RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02965 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Bronze Star Medal (BSM). _________________________________________________________________ APPLICANT CONTENDS THAT: He was awarded the Air Force Commendation Medal (AFCM) instead of the BSM when left Vietnam. He was told he did not receive the BSM because he was not a sergeant. His commanding officer and supervisor attempted to get him promoted from July 1969 until the time he left Vietnam. He had the time in grade and was qualified; however, the promotion kept getting put off and his records were destroyed in an attack. He did not get his promotion until his next duty station. He believes granting him the BSM it is the right thing to do. In support of his request, the applicant provides copies of extracts from his master personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The available records reflect the applicant served on active duty from 6 Jul 67 to 2 Jul 71. He was credited with 3 years, 11 months and 27 days of active service and one year of Foreign and/or Sea Service. 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 Dec 44, 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. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states they were unable to locate official documentation verifying the applicant is entitled to the BSM. DPSIDR states any recommendation for decorations, including the BSM, is submitted on an individual basis and is a voluntary act on the part of the recommending official. Under the 1996 National Defense Authorization Act, veterans may be recommended for a decoration by following these procedures. However, the written decoration recommendation must meet two criteria: 1) be made by someone, other than the member himself, in the member’s chain of command at the time of the incident, and, who has firsthand knowledge of the acts or achievements; and 2) be submitted through a congressional member who can ask a military service to review a proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred. The decoration must include the name of the decoration, i.e., BSM, reason for recognition (heroism, achievement, or meritorious service), inclusive dates of the act, and a narrative description of the act. The recommending official must sign the recommendation. Also, a proposed citation is required and any chain of command endorsements (at the time of the act or service) are required. Any statements from fellow comrades, eyewitness statements attesting to the act, sworn affidavits, and other documentation substantiating the recommendation should be included in the package. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His AFCM citation shows it was for meritorious service, which is a qualification for the BSM. His performance reports show he was qualified for the grade of sergeant. He believes someone did not do their job at the time and since it has been 40 years, he cannot meet two of the criterion listed by HQ AFPC/DPSIDR. The applicant’s complete submission is at 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, to include his response to the Air Force evaluation; 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 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 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-2010-02965 in Executive Session on 12 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Aug 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 30 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10. Exhibit E. Letter, Applicant, dated 27 Dec 10.