RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01200 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Bronze Star Medal (BSM), the Air Medal (AM), and any unit awards that he may be entitled to. ________________________________________________________________ APPLICANT CONTENDS THAT: He was recommended for the BSM while assigned to the 21st Tactical Air Support Squadron (TASS) in Nha Trang Air Base, Vietnam. He should receive the AM for his participation in hazardous flights. The 21st TASS was awarded two unit awards during his period of service. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 18 Oct 67, the applicant commenced his enlistment in the Regular Air Force. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the BSM and AM indicating there is no evidence of an error or an injustice. The applicant does not meet the eligibility criteria for award of the BSM or AM. The BSM is awarded to individuals who, while serving in the Armed Forces of the United States after 6 Dec 41, distinguished themselves 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 Silver Star. The BSM 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 the service must been accomplished with distinction. The AM is awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 Sep 39, distinguished themselves by heroic or meritorious achievement while participating in aerial flight. The AM may be awarded for combat or non-combat action in recognition of single acts or valor, heroism, or merit while participating in an aerial flight. In addition, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight. There was no official documentation in the applicant’s military personnel records to verify he was recommended for or awarded the BSM or AM. The applicant’s application did not contain any documentation such as proposed citations or eyewitness statements attesting to the acts to substantiate his entitlement to the BSM or AM. A review of the applicant’s military personnel records verified his entitlement to Presidential Unit Citation with one Bronze Oak Leaf Cluster (PUC w/1BOLC), Air Force Outstanding Unit Award (AFOUA), Air Force Good Conduct Medal (AFGCM), Vietnam Service Medal with four Bronze Service Stars (VSM w/4BSS), and Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). His records will be administratively corrected to reflect these awards. DPISD noted the appropriate office of primary responsibility will have to determine if the Civil Action Honor Medal will be reflected on his DD Form 214. The applicant provided a copy of Headquarters Department of the Army General Order Number 48, awarding the 5th Special Forces Group, 1st Special Forces and its assigned units the Civil Action Honor Medal First Class award while the applicant was assigned to said unit; however, the appropriate Air Force office of primary responsibility (OPR) will have to determine if the Civil Action Honor Medal should be reflected on his DD Form 214. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In support of his appeal the applicant provided emails from two fellow service members who he flew with in Vietnam. The applicant’s complete response, with attachments, 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 an error or injustice with respect to the applicant’s request for the Bronze Star Medal (BSM) or Air Medal (AM). We took notice of the applicant's complete submission, to include his rebuttal response, 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 the applicant has not been the victim of an error or injustice. We note that the Air Force office of primary responsibility has determined that the applicant is entitled to the Presidential Unit Citation with one Bronze Oak Leaf Cluster (PUC w/1BOLC), Air Force Outstanding Unit Award (AFOUA), Air Force Good Conduct Medal (AFGCM), Vietnam Service Medal with four Bronze Service Stars (VSM w/4BSS), and Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) and his records will be corrected administratively. We also note that the applicant has provided a copy of special orders related to his request for the Civil Action Honor Medal First Class award; however, in view of the fact the Civil Action Honor Medal First Class Award is an Army award, the appropriate Air Force OPR will have to make an administrative determination if its inclusion on the applicant’s DD Form 214 is appropriate. Therefore, based on the evidence before us, we must deny the applicant’s request relative to this award until such time as this determination can be made. If the applicant still believes that his records are in error on this point, he may request reconsideration of this aspect of his request. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. ________________________________________________________________ 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-2013-01200 in Executive Session on 19 Dec 13, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSID, dated 13 May 13. Exhibit D. Letter, SAF/MRBR, dated 28 May 13. Exhibit E. Letter, Applicant, dated 25 Jun 13, w/atchs. 1 2