RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04009

 	COUNSEL: NONE 

  	HEARING: NO	

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the following awards:
	
	Meritorious Service Medal with one Bronze Oak Leaf Cluster (MSM w/1 BOLC).

	Purple Heart (PH).  

APPLICANT CONTENDS THAT:

He does not know why the MSM received on his retirement is not included on his DD Form 214.   

In Dec 67, he was on a temporary duty (TDY) assignment to DaNang AB, Vietnam.  During the Tet offensive, he was struck by an AK47 round while working on the flight line.  There was no bloodshed and the flight surgeon said to let it heal.  

In 1972, while serving as the base defense officer at DaNang AB, his hand was burnt as a result of a rocket hitting an EC47 aircraft.  His hand was treated on the flightline while they were putting out the fire.  He was told to go to the base hospital for additional treatment but at the time he did not think it was necessary.

He thought the PH was only for seriously injured people but has since learned it depended on how the unit’s awards officer and the hospital recorded the events.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired major.    

He provides AF Form 626, TDY Order-Military, dated 4 Dec 67, which shows he was TDY to Tan Son Nhut AB, Vietnam from 10 Dec 67 for approximately 120 days.  

He provides copies of his officer evaluation reports (OER) from 20 Dec 66 to 25 Jun 72, which show he was assigned to Tan Son Nhut and DaNang AB, Vietnam.     

The National Personnel Records Center (NPRC) advised by e-mail on 19 Dec 16 the applicant’s records could not be located.  

He provides a signed certificate for award of the MSM w/1 BOLC for outstanding service from 28 Jul 81 to 31 Oct 84, with a given under my hand signature date of 27 Sep 84.  

In a letter dated 1 May 17, the AFBCMR advised the applicant he had not identified whether he had exhausted the administrative avenue of relief for award of the PH by submitting his appeal to the PH Review Board.  The applicant was advised if a response was not received within 30 days, his case would be processed to the Board for consideration where it likely would be denied.  

For more information, see the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial for award of the MSM w/1 BOLC.  The applicant provides a copy of a citation for award of the MSM w/1 BOLC; however, without military personnel records to review, they are unable to verify he was awarded the MSM w/1 BOLC.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 16 Jan 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.  

2.  The applicant did not exhaust all available avenues of non-judicial relief for award of the PH before applying to the Board.  The Board does not consider applications without documentation showing exhaustion of such avenues of relief.

3.  Notwithstanding the above, it is the Board’s opinion that the applicant is the victim of an error or injustice for award of the MSM w/1 BOLC.  While the Board notes the comments of AFPC/DP3SP indicating relief should be denied, we find the signed certificate provided by the applicant sufficient to substantiate the applicant’s contention to grant relief.  Therefore, the Board recommends correcting the applicant’s records to the extent as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 31 Oct 84, Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, include the MSM w/1 BOLC.  

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04009 in Executive Session on 24 Apr 18:

 , Panel Chair
 , Panel Member
 , Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 Jul 16.
Exhibit B:	NPRC, E-mail, dated 19 Dec 16.
Exhibit C.  Notification of failure to exhaust, SAF/MRBC, dated 1 May 17.  
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 2 Jan 18.  
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 16 Jan 18.   

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.