RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04367

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect award of the Bronze Star Medal (BSM).

2.  His Non-judicial Punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) be declared void and removed from his records.

APPLICANT CONTENDS THAT:

He was recommended for award of the BSM for his service as an Ambush Team Leader in Vietnam.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 May 66.

According to the applicant’s AF Form 909, A1C, A2C, A3C and AB Performance Report, dated 14 Mar 68, Block VII, The comments of Reporting Official states, “Although not having been subjected to direct enemy contact or hostile engagement…”

The BSM is governed by Executive Order 11046, which authorizes the Secretary of a Military Department to award the BSM to any person who, while serving in any capacity with the United States Armed Forces, distinguished themselves by heroic or meritorious achievement or service, not involving participation in aerial flight; 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 win which the United States is not a belligerent party.

According to the applicant’s AF Form 7, Airman Military Record, the applicant was not eligible for award of the Air Force Good Conduct Medal (AFGCM) for the period of 16 Sep 66 to 13 Jul 68 as a result of an Article 15 action.

On 7 Nov 69, the applicant received an honorable discharge, and was credited with 3 years, 5 months, and 8 days of total active service, to include 2 years, 4 months, and 29 days of foreign service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFLOA/JAJM makes no recommendation, however, indicates they reviewed the applicant’s personnel file and found no record of the applicant’s alleged Article 15 action.  Therefore, due to the absence of an Article 15 action, JAJM were unable to conduct a legal review or determine if the alleged action was legally sufficient. 

A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.

AFPC/DP3SP recommends denial of the applicant’s request for award of the BSM indicating they were unable to locate any official documentation verifying the applicant was recommended for or awarded the BSM.  In order for the applicant’s request to be reasonably considered, a signed recommendation from someone with firsthand knowledge of the act/achievement, preferably from someone within his chain of command at the time of the act/achievement, a proposed citation, and eyewitness statement is required.  However, according to official documentation as well as the applicant's own statement, he received an Article 15 punishment during his service in Vietnam, which is the period of service in which the applicant is requesting to be awarded the BSM.  Although AFLOA/JAJM indicated there is no indication of an Article 15 action in his Enlisted Performance Reports, DP3SP found information obtained from the applicant's AF Form 7 indicating he was denied the AFGCM as a result of an Article 15 action.

In accordance with Title 10 USC § 6249, no medal, cross, or bar, or associated emblem or insignia may be awarded subsequent to any United States Air Force member or their representative, if the member's entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a three-paged typed statement indicating he never stated that he was recommended for the BSM because of any specific combat action of valor while in Vietnam.  He believes he was recommended for the award because of the totality of his service in Vietnam.  As for his Article 15, the applicant states that his commander never mentioned anything about giving him an Article 15 nor did he receive anything in his mail slot.  Lastly, the applicant continues to describe his experiences in Vietnam.

A complete copy of the applicant’s response, with attachments, is at Exhibit F.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

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-2015-04367 in Executive Session on 13 Dec 16 under the provisions of AFI 36-2603:

				    , Panel Chair
					   , Member
				  , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04367 was considered:

	Exhibit A.  DD Form 149, dated 25 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 7 Apr 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 16 May 16.
	Exhibit E.  Letter, AFBCMR, dated 7 Jun 16.
	Exhibit F.  Letter, Applicant, dated 14 Jun 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.