RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01675

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM).  

APPLICANT CONTENDS THAT:

On 5 March 1974, he was submitted for award of the BSM for meritorious service in the performance of his duties while assigned at Takhli AB, and U-Tapao AB, Thailand.  He requests that the recommendation for decoration be reviewed to determine if the award should have been approved and if approved, he be awarded the BSM.

The award of the BSM was justified.  However, it was returned by 13th Air Force (13 AF) indicating he had not completed a full tour.  The response to 13 AF explained he was initially assigned to Air Force Office of Special Investigations (AFOSI), Detachment 5110, Takhli AB, Thailand from 26 February 1973 and was transferred to AFOSI, Detachment 5105 on a permanent change of station (PCS) on 23 July 1973.  On 9 December 1973, he returned to the United States on emergency leave and because of the serious nature of the emergency, the remainder of his overseas tour (two months) was curtailed.

In reviewing his military records, he believes the award was fully justified.  It was not fully considered because of the time frame it was submitted and the reason for denial was in error.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 3 June 1957 and retired in the grade of Senior Master Sergeant (SMSgt, E-8) on 1 June 1980.  He was credited with 22 years, 11 months and 25 days of active duty service.  

On 1 July 2016, the National Personnel Records Center (NPRC) advised that the applicant’s master personnel records could not be located.  

The applicant provides a letter from his commander dated 14 February 1974, AF Form 642, Recommendation for Decoration, dated 5 March 1974 and citation recommending award of the BSM for meritorious service for the inclusive period of 23 July 1973 to 8 December 1973.   

In a letter dated 5 March 1974, his commander advised 13 AF that  the applicant was originally assigned to AFOSI Detachment 5110, Takhli AB, Thailand and on 26 February 1973 was transferred to AFOSI, Detachment 5105.  The applicant returned to the United States for emergency leave and the remaining two months of his tour was curtailed due to the seriousness of the emergency.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial.  Although it appears the applicant has provided a complete package for consideration, DP3SP is unable to provide an appropriate recommendation pertaining to award of the BSM without an official military personnel record to review and validate official information.   Should the Board proceed with the documents provided, recommend the Air Force Decorations Board review the documentation for determination of the merits for the award.  

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, distinguishes himself or herself 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 armed conflict against an opposing armed force in which the United States is not a belligerent party.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 February 2017 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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.  The applicant requests he be awarded the BSM for the inclusive period of 23 July 1973 to 8 December 1973 and provides what appears to be a complete nomination package in support of his request.  However, the applicant has not provided sufficient evidence to show he was approved for award of the BSM.  Furthermore, we are unable to favorably consider his request due to the unavailability of his records.  However, should the applicant provide further documentation, we recommend the Air Force Decorations Board evaluate the request for award of the BSM.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt the rationale expressed as our conclusion that the applicant has not been the victim of an error or injustice.  In view of the above and in the absence of the evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2016-01675 in Executive Session on 6 July 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01675 was considered:

	Exhibit A.  DD Form 149, dated 13 April 2016, w/atchs.
	Exhibit B.  E-mail, NPRC, dated 1 July 2016.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 5 August 2016.
	Exhibit D.  Letter, AFBCMR, dated 3 February 2017. 

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.