RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05790 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the Silver Star (SS) or Bronze Star Medal (BSM) for heroic acts during his service in Vietnam. APPLICANT CONTENDS THAT: While serving as a security police specialist at Air Base, he acted bravely and heroically during multiple rocket attacks by enemy forces. Specifically, during a rocket attack on , he bravely prepared for a potential ground assault while he relayed the impact locations of the rockets and the launch position of the enemy, enabling U.S. forces to conduct a counter–artillery strike to end the attack. His actions resulted in no loss of life and prevented further damage to Air Force resources. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 11 Sep 67, the applicant initially entered the Regular Air Force. On 28 May 71, the applicant was honorably discharged at the completion of his required active service and credited with 3 years, 8 months, and 18 days active service, of which one year and three days were foreign service. On 30 Jul 10, the applicant applied to the AFBCMR, requesting “all medals he was entitled to as a result of his U.S.A.F. service,” to include the BSM for actions on . The applicant’s record was administratively corrected to award the Air Force Outstanding Unit Award (AFOUA) with Valor & one Oak Leaf Cluster; Vietnam Service Medal (VSM) with four Bonze Service Stars (BSS); Republic of Vietnam Gallantry Cross with Palm (RVGC w/P); Republic of Vietnam Campaign Medal (RVCM). With regards to his request for the BSM, the applicant was advised that he had not availed himself of the procedures prescribed under the provisions of the 1996 NDAA (which waives the condition of timeliness) and was given instructions on how to do so. Specifically, the recommendation for award of the BSM must be made by someone other than the member himself, preferably the commander or supervisor at the time of the act or achievement with firsthand knowledge of the applicant’s accomplishments. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSID recommends denial with respect to the applicant’s request for the SS or BSM, indicating there is no evidence of an error or an injustice. The SS is the third highest military valor decoration that can be awarded to a person serving in any capacity with the United States Armed Forces. The SS may be awarded according to any individual while serving in any capacity with the United States Armed Forces, who distinguishes himself or herself by gallantry in action 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; 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. The BSM is awarded for valor in combat to a lesser degree than required for the award of the SS and awarded for meritorious achievement or service during armed conflict that is of a lesser degree than that required for award of the Legion of Merit. Prior guidance has been provided to the applicant as to the documents required to reasonably consider award of the SS or the BSM; however, none were provided with this request. To grant relief would be contrary to the criteria established by DoDM 1348.33, the Secretary of the Air Force, Chief of Staff, and/or the War Department. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. AFHRA/RS recommends the applicant be provided further clarification of the steps required to properly request consideration for either medal. Additionally, AFHRA/RS provides documentation from the official unit history regarding the attacks on . A complete copy of the AFHRA/RS evaluation is at Exhibit D. SAF/PC recommends denial to award the SS or BSM, indicating there is no evidence of an error or an injustice. After a review of the applicant’s record, the AFPC/DPSID advisory, and the supporting documentation presented with this request, the requisite evidence does not warrant approval of either medal. A complete copy of the SAF/PC evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s wife provides documentation of rocket attacks against Air Base for the time period under review, names of eye witnesses, and photographs of damaged buildings to substantiate the applicant’s request (Exhibit F). THE BOARD CONCLUDES THAT: 1. The applicant has not 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 warranting correction of the applicant’s records to reflect his entitlement to the SS or BSM. 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 opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note the applicant has been advised that in order for his request to be reasonably considered, it must be accompanied by a recommendation from someone other than himself, with firsthand knowledge of the applicant’s acts or achievements during the event in question. With this information, the applicant could avail himself of the procedures prescribed in the National Defense Authorization Act of 1996 whereby he could submit such a recommendation through his elected Congressional representative for processing. 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 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-2013-05790 in Executive Session on 17 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Dec 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 27 Mar 14. Exhibit D. Memorandum AFHRA, dated 11 Aug 14 Exhibit E. Memorandum, SAF/PC, dated 7 Oct 14 Exhibit F. Letter, SAF/MRBR, dated 30 Oct 14, w/atchs. Exhibit G. Letter, Applicant, dated 5 Nov 14, w/atchs.