RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02191

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His record be corrected to show the award of the Purple Heart (PH), the Bronze Star Medal (BSM), and the Legion of Merit (LOM) with Valor device.  

In subsequent correspondence, he requests the following ribbons: the Air Force Basic Military Training Honor Graduate Ribbon, the Air Force Small Arms Expert Ribbon [sic], and the Air Force Overseas Long and Short Tour Ribbons.

APPLICANT CONTENDS THAT:

He has written numerous letters since 1976 to obtain these medals and provides solid evidence that he earned the medals.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant’s military personnel record could not be located; however, according to records provided by the applicant, he initially entered the Regular Air Force on 9 Sep 70.

On 28 Feb 74, the applicant was furnished an honorable discharge, and was credited with 3 years, 3 months, and 20 days of active service and then affiliated with the Illinois Air National Guard.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force office of primary responsibility (OPR), which are attached at Exhibits C, D, E, and F.    

AIR FORCE EVALUATION:

On 21 Apr 16, AFPC/DP3SP recommended denial indicating there is no evidence of an error or an injustice.  AFPC/DP3SP was unable verify the award of the LOM with Valor, the BSM, or the PH.  In a May 13 Congressional response letter, the applicant was advised for award of the LOM with Valor and BSM, the following items were required: a signed recommendation from someone with firsthand knowledge of the applicant's acts/achievements; a proposed citation; and eyewitness statements from those who can attest to the acts/achievements.  His request for the LOM and BSM did not contain eyewitness statements and additionally, the Valor device for the LOM is not authorized.  With regard to the PH, according to Congressional response letter (dated 9 Mar 16), the applicant was considered by the Purple Heart Review Board and disapproved due to lack of evidence the injury was a direct result of enemy action, a requirement for the PH award. 

The LOM may be awarded by the Secretary concerned to members of the United States Armed Forces, who, after 8 Sep 39, have distinguished themselves by exceptionally meritorious conduct in the performance of outstanding services.  The performance must have been such as to merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty, assignment, or experience of an individual is not an adequate basis for this award.  For service rendered in peacetime, the term "key individual" applies to a narrower range of positions than would be the case in time of war and requires evidence of significant achievement.  In peacetime, service should be in the nature of a special requirement or of an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of important positions.

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.

The PH is awarded to members of the United States Armed Forces who have been wounded, killed, or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as a part of a peacekeeping force.  A wound for which the award is made must have required treatment, not merely examination, by a medical officer.  Additionally, treatment of the wound shall be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the service member's medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.  

SAF/MRBP recommends denial concurring with the AFPC/DP3SP recommendation to disapprove the award of the PH, BS, and LOM with Valor.  

A complete copy of the SAF/MRBP evaluation is at Exhibit D.  

On 14 Jul 16, AFPC/DP3SP revised their evaluation; however, still recommended denial indicating there is no evidence of an error or an injustice.  In this evaluation, DP3SP coordinated with the Department of the Army based on documents provided by the applicant.  The Department of the Army was unable to verify the award of the BSM, LOM, or any other award for the applicant.  The Army stated there were issues with the documentation the applicant provided lending to the belief that the documentation has been altered; therefore, calling into question its validity.  The Army stated the documentation provided appeared is typed with a modern device as "at no time has the Army abbreviated the Bronze Star as BS as submitted.”

According to congressional response letter dated 9 May 13, it was recommended that the applicant provide a signed recommendation from someone with firsthand knowledge of the applicant's acts/achievements, a proposed citation and eyewitness statements from those who can attest to the acts/achievements for award of the LOM and BSM; however, the package was incomplete as there are no eyewitness statements.  Furthermore, the Valor device is not authorized for the Legion of Merit.

A complete copy of the AFPC/DP3SP evaluation, with attachments, is at Exhibit E.  

On 23 Aug 16, AFPC/DP3SP rendered another evaluation recommending denial of the applicant’s request for verification of the Air Force Overseas Ribbons, Short and Long Tour; the Air Force Basic Military Training Honor Graduate Ribbon; and the Small Arms Expert Marksmanship Ribbon.  According to the Travel Voucher or Sub-voucher (DD Form 1351-2) the applicant provided as proof of foreign service, his dates of travel are prior to the award dates for award of the Air Force Overseas Ribbons; therefore, he is ineligible for award of the Air Force Overseas Ribbons.  In addition, the applicant provided a Request and Authorization for Temporary Duty (AF Form 626). The AF Form 626 is not an official document to verify a temporary duty assignment.  Furthermore, AFPC/DP3SP was unable to locate official documentation verifying the applicant was an honor graduate of basic military training.  Although the applicant provided a copy of an Air Training Command Certificate of Recognition for superior flight achievement as a supporting document, this is not an official documentation for award of honor graduate from basic military training and the date of 2 Oct 70 on the certificate is prior to the award date of the Basic Military Training Honor Graduate Ribbon; rendering the applicant ineligible for the award.  Finally, AFPC/DP3SP was unable to locate any official documentation such as a Special Order or an Air Force Form 522 verifying the applicant qualified as expert with either the M-16 rifle or handgun.

The Air Force Overseas Ribbon was authorized by Chief of Staff, United States Air Force, on 12 Oct 80.  The ribbon was authorized to be awarded to Air Force and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sep 80.  Only individuals serving on active duty as of 6 Jan 86 are eligible to have the Air Force Overseas Ribbon applied retroactively for completion of an overseas tour.

The United States Air Force Basic Military Training Honor Graduate Ribbon was authorized on 3 Apr 76 to be awarded to honor graduates of basic military training who, after 29 Jul 76, demonstrate excellence in all phases of academic and military training.

The Small Arms Expert Marksmanship Ribbon was authorized by the Secretary of the Air Force on 28 Aug 62 and is awarded to all United States Air Force members who after 1 Jan 63, qualify as "expert" in small-arms marksmanship with either the M-16 rifle or issue handgun.  Qualification as "expert" in both weapons after 22 Jun 72 shall be denoted by a bronze service star worn on the service ribbon.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit F.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that the reason he is unable to locate his records is due to the fact the Air Force destroyed them.  He points out that the Army did, in fact, use the abbreviation “BS” for the Bronze Star, contrary to the Air Force OPR’s statement.  The applicant provides a copy of the USARV Form 157-R, Revision 22 Dec 66, that was used at Phu Bai for another member and it is very easy to see how it was used in his case.  Although there was a mistake on his LOM submission to include the Valor device, that mistake is no reason to deny him the LOM without the device.  Furthermore, he contends AFPC is using 2016 standards to judge 1972-1973 actions.  

A complete copy of the applicant’s rebuttals, with attachments, are at Exhibit H.  

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 in accordance with Title 10, United States Code, Section 1130.  

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant’s response to the Air Force evaluation is duly noted; however, after a thorough review of the available evidence and the applicant’s complete submission, we find no evidence that his records should be corrected to show he was awarded the PH, BSM or the LOM with Valor device.  While the applicant asserts the Air Force OPR used 2016 standards to judge 1972-1973 actions, he has not provided sufficient evidence to support his contention. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and the Secretary of the Air Force Personnel Council and adopt their rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error of injustice.    Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting any of the requested relief.

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-2015-02191 in Executive Session on 18 Oct 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02191 was considered:

	Exhibit A.  DD Form 149, dated 7 May 15, w/atchs.
	Exhibit B.  Master Personnel Record Order Registry.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 21 Apr 16.
	Exhibit D.  Letter, SAF/MRBP, dated 20 May 16.
	Exhibit E.  Memorandum, AFPC/DP3SP, dated 14 Jul 16, w/atchs.
	Exhibit F.  Memorandum, AFPC/DP3SP, dated 23 Aug 16.
	Exhibit G.  Letter, AFBCMR, dated 25 Aug 16.
	Exhibit H.  Letter, Applicant, dated 6 Sep 16 and 7 Sep 16,
  w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.