RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2006-02117
		INDEX CODE:  107.00
		
		COUNSEL:  NONE
		
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 JANUARY 2008

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APPLICANT REQUESTS THAT:

His records be corrected to add the “V” Device to his Bronze Star Medal (BSM).
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APPLICANT CONTENDS THAT:

The criteria for the “V” device changed after his discharge.  He did see combat on several occasions.  It is even stated in his BSM citation “while exposed to danger from hostile forces.”

In support of his request, applicant provided his personal statement, copies of his citation for the BSM, and his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 Jun 64 and was progressively promoted to the grade of sergeant (E-4).  He performed duties as an Airborne Weather Observer.  He was honorably released from active duty, for Expiration of Term of Service, having served four years, of which one year and seven days was Foreign Service.  His DD Form 214 reflects he was awarded the Small Arms Expert Marksmanship Ribbon, National Defense Service Medal, Vietnam Service Medal w/One Bronze Service Star, Republic of Vietnam Campaign Medal, Bronze Star Medal, and the Air Force Good Conduct Medal.

On 28 Aug 06, AFPC determined the applicant was eligible for the Air Force Outstanding Unit Award with Valor and One Oak Leaf Cluster, Air Force Longevity Service Award, Republic of Vietnam Gallantry Cross with Palm, and Vietnam Service Medal with two Bronze Service Stars, and corrected his DD Form 214 to reflect these awards.

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AIR FORCE EVALUATION:

HQ ARPC/DPPPR recommends denial of the applicant’s request for the BSM w/V.  The applicant was awarded the BSM for meritorious service for the period of 15 Jul 66 to 30 May 67 during his assignment in Thailand.  The “V” device is worn when the BSM is awarded for heroism.

The DPPPR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responds stating although his records indicate he served in Thailand, in reality, he served on the ground in Laos, working out of Site 20A, Long Tieng.  Because this was Top Secret at the time, the Air Force would not recognize activities of personnel in the country.  When he was awarded the BSM, he was told the only way they could give it to him was based on merit, not on a specific action within the country, because, technically, he was not there.  He cannot document the action, because no records exist.  He volunteered to go on a mission, into North Vietnam, to rescue a downed pilot.

He was advised to pursue this by a former USAF Intelligence Officer who is undergoing a campaign to have all USAF personnel who were on the ground in Laos during the Vietnam War be given recognition.  He himself was on the ground in Laos from Oct 64 – Aug 66.

Applicant's complete response is at Exhibit E.

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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.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant’s contentions are duly noted; however, after a thorough review of the applicant’s complete submission, to include his additional comments and the available evidence, we are not persuaded that he has been the victim of an error or injustice.  Other than his own assertions, the applicant has provided no documentary evidence that would establish his entitlement to the “V” device to his Bronze Star Medal.  While we appreciate the personal sacrifice the applicant has endured, and honor his service to his country, in view of the above and in the absence of evidence to the contrary, we have no basis on which to favorably consider this request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number    BC-2006-02117 in Executive Session on 24 October 2006, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2006-02117 was considered:

    Exhibit A.  DD Form 149, dated 10 Jul 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 28 Jul 06.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jul 06.
    Exhibit E.  Letter, Applicant, dated 11 Sep 06.