RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03719 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Bronze Star Medal (BSM). ________________________________________________________________ APPLICANT CONTENDS THAT: He received a Distinguished Flying Cross (DFC) for heroism in aerial flight as an EC-47 pilot at Da Nang Airfield, Republic of Vietnam, but was not recognized for his accomplishments tied to the direct support of ground combat operations. The Board should consider it in the interest of justice to consider his application in light of the recent news release on Air Force BSM award clarification and the unclassification of Southeast Asia missions from 1971 to 1972. In support of his request, the applicant provides a narrative recommendation for award of the BSM, copies of AF Form 899, Request and Authorization for Permanent Change of Station – Military; DD Form 214, Report of Separation from Active Duty; an Air Force news article, and DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 21 Apr 69, the applicant entered active duty. According to Special Order G-1766, dated 10 Aug 72, the applicant was awarded the DFC on 13 Feb 72 for extraordinary achievement while participating in aerial flight. On 31 Mar 74, he was honorably released from active duty. He served 4 years, 11 months and 11 days on active duty. 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 participating in aerial flight, under any of the following circumstances: while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. There is no official documentation in the applicant’s record to verify he was recommended for or awarded the BSM. The applicant has not provided sufficient documentation to substantiate an error or injustice exists. In order for the applicant’s request to be reasonably considered he will need to provide a signed recommendation from someone with firsthand knowledge of the act/achievement preferably from someone in the applicant’s chain of command, proposed citation, and eyewitness statement from those who can attest to the act/achievement. Due to the fact the applicant was already recognized for his act/achievement with award of the DFC, to also award the BSM for the same act/achievement would constitute dual recognition which is prohibited. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and the Chief of Staff. The complete DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial. While the applicant’s aerial contributions and support to ground troops are noteworthy, they do not fit the criteria for award of the BSM. Per AFM 900-3, Decorations, Service Awards, Unit Awards, Special Badges, Favorable Communications, Certificates, and Special Devices (20 Jan 72), Chapter 3, Paragraph 3-1(3), “Only one decoration may be awarded for the same act, achievement or period of service.” Further, per AFM 900-3, and AFI 36-2803, Air Force Awards and Decorations Program, criteria for award of the BSM is for “Heroic or meritorious achievement or service (not involving aerial flight).” The complete MRBP evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He is not asking for another decoration for the specific day that was documented and provides information on the overall mission that he supported. He was informed while in Vietnam that most of his service would not be documented due to the top secret classification and security operations. The mission he supported included forward air observer (guidance for a B-52 strike), intelligence support for direct movement of Army troops and documentation of enemy positions. The applicant’s complete response is at Exhibit F. ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of the evidence of record, we find the application untimely. The applicant did not file his request for correction of his records for award of the BSM within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records. The applicant has not shown a sufficient reason for the delay in filing on a matter now dating back over 32 years, which has greatly complicated the Board’s ability to determine the merits of the application. Moreover, the applicant has not provided substantial evidence, such as a signed certificate or special order which would persuade us that his records should be corrected to show award of the BSM. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. ________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03719 in Executive Session on 30 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03719 was considered: Exhibit A. DD Form 149, dated 3 Aug 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 6 Jan 14. Exhibit D. Letter, SAF/MRBP, dated 10 Feb 14 Exhibit E. Letter, SAF/MRBR, dated 18 Aug 14. Exhibit F. Letter, Applicant, undated.