RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01723 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to the Bronze Star Medal (BSM). ________________________________________________________________ APPLICANT CONTENDS THAT: He was supposed to receive the BSM for saving three B-52 aircraft at Utapao, Thailand on 7 Jan 1972. He risked his life and deserves the BSM. The BSM should also be approved for his colleague. In support of his request the applicant provides two personal notarized statements and two notarized witness statements. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 28 Jun 1967 through 27 Jun 1975. He had one year of Foreign Service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states that 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 after 6 Dec 1941, 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. The award recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the Silver Star. It 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 such service must have been accomplished with distinction. The applicant did not submit his request in a timely manner as over 41 years have passed since the event occurred. DPSID is unable to locate any official documentation verifying the applicant was recommended for or awarded the BSM; therefore, there is insufficient documentation to reasonably consider the applicant's request. Nonetheless, should the Board consider the merits of the case and overlook the lack of timeliness, the applicant has not provided evidence of an error or an injustice. To grant him relief would be contrary to DoDM 1348.33, Manual of Military Decorations and Awards. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 24 Jul 2013, a copy of the Air Force evaluation was forwarded to the applicant 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 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 this application in Executive Session on 27 Jan 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC-2013-01723: Exhibit A. DD Forms 149, dated 3 Apr 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 2013. Exhibit D. Letter, SAF/MRBR, dated 24 Jul 2013. 2 3 4