RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01587 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the following decorations: 1. Purple Heart (PH) Medal with two oak leaf clusters (OLC). 2. Airman’s Medal (AmnM) w/4OLC. 3. Bronze Star Medal (BSM) w/37 OLC. 4. Air Force Commendation Medal (AFCM) w/1OLC. 5. Meritorious Service Medal (MSM). 6. By amendment, the applicant requests that his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to include the AFCM he received upon his retirement, as well as the Small Arms Expert Medal (SAEM). 7. By amendment, the applicant requests this his records be corrected to reflect that he was promoted to the grade of master sergeant (E-7) prior to his retirement in 1977. 8. By amendment, the applicant requests his home of record, as reflected on his DD Form 214, be corrected to reflect “XXXX, CT,” instead of “XXXXX, CT.” ________________________________________________________________ APPLICANT CONTENDS THAT: He was wronged in Vietnam. He placed his life in danger more than 26 times under combat conditions as documented in his Airman Performance Report (APR) and should therefore be awarded these decorations. He was unfairly deprived of recognition for his heroic acts. Other Airmen earned decorations for their similar actions and an examination of their records will prove it. He knows he performed his duties in Vietnam in an outstanding manner and because he is putting it in writing, it should have just as much merit and impact as if someone else wrote it as it is coming from the “horse’s mouth.” He was not the easiest man to get along with and accepts responsibilities for the choices he made, but he resents the way he was treated. Everyone received a medal but him. If the fact they did not like him was a factor in deciding not to recommend him for recognition, he is the victim of an injustice. Furthermore, had he been awarded these decorations, he would have been selected for promotion to technical sergeant (E-6) in 1971 and master sergeant (E-7) in 1977. In support of his request, the applicant provides a voluminous expanded statement and copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, his APR, and excerpts from some newsletter articles. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 6 Jan 56 and served on active duty until he was retired on 1 Sep 77 and credited with 21 years, 7 months, and 24 days of total active service. On 30 Jul 10, AFPC/DPSIDRA notified the applicant of their determination of his entitlement to the Korean Defense Service Medal (KDSM), Air Force Outstanding Unit Award with Valor and one OLC and one Silver Service Star to his previously awarded Vietnam Service Medal (VSM w/1SSS) and their action to correct his records administratively. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, indicating there is no evidence of an error or injustice. The PH Medal is awarded for wounds received as a direct result of enemy actions (i.e. gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.). In addition, it is necessary that the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for the award of the PH Medal. These include, but are not limited to injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, or grenades. However, the applicant’s claimed injuries do not meet the requirements for entitlement to the PH Medal. As for his request related to the AmnM, BSM, MSM, and AFCM, in accordance with Section 526 of the 1996 National Defense Authorization Act (NDAA), the original or reconstructed written award decoration is required for the recommended individual. The recommendation must be made by someone other than the member himself, preferably the commander or supervisor at the time of the act or achievement, with firsthand knowledge of the member’s accomplishments. The recommendation must include the name of the decoration, reason for the recognition, inclusive dates of the act, and a narrative description of the act. However the applicant has failed to provide any of the noted documentation. Additionally, the applicant cannot recommend himself for entitlement to a decoration. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant takes issue with the fact the advisory opinion does not address his requests with respect to the AFCM or SAEM. Additionally, he has been ignorant of the fact that he received two concussions in Vietnam and indicates that he was unable to act reasonably and in sound mind to pursue consideration for his medals because of this. Because he needs more time to gather documentation related to his request, he requests his case be administratively closed until such time as he is ready to proceed. The applicant subsequently replied and requested his case be re-opened, indicating that he had forwarded additional documentation related to his case through his Congressional representative. In support of his responses, the applicant provides two expanded statements, copies of his AFCM and SAEM certificates, and a supporting statement. Complete copies of the applicant’s responses, with attachments, are at Exhibits E, F, and G. ________________________________________________________________ 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 an error or injustice regarding the applicant’s request for the Purple Heart (PH) Medal, Airman’s Medal (AmnM) w/4OLC, Bronze Star Medal (BSM) w/37 OLC, Air Force Commendation Medal (AFCM) w/1OLC, and Meritorious Service Medal (MSM) related to his service in Vietnam. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Other than conjecture, the applicant has provided no evidence whatsoever that would substantiate that he is the victim of an error or injustice with respect to the recognition he seeks related to his service in Vietnam. As for his argument related to the impact of this situation on his promotion opportunities, having no basis to conclude that he was unfairly denied recognition for his purported acts during his service in Vietnam, we find no basis to conclude that he did not receive fair and equitable consideration for promotion. As for his contention that his home of record, as reflected on his DD Form 214, is incorrect, we are not convinced that he is the victim of an error or injustice in this regard. Once again, other than his own uncorroborated assertions, the applicant has provided no documentary evidence whatsoever for us to consider in evaluating his request. The applicant is reminded that this Board is not an investigative body; the burden of proof of an error or injustice lies with the applicant. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s requests related to the Small Arms Expert Marksman (SAEM) Ribbon and his Air Force Commendation Medal (AFCM) awarded at his retirement. In this respect, we note the applicant has provided a small arms marksmanship certificate of achievement as well as special orders related to his AFCM based on retirement. We also note the Air Force OPR has administratively corrected the applicant’s record to reflect award of the Korean Defense Service Medal (KDSM), Air Force Outstanding Unit Award with Valor and one oak leaf cluster (AFOUA w/V & 1 OLC), and the Silver Service Star to his previously awarded Vietnam Service Medal (VSM). Therefore, we recommend the applicant’s records only be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 3 June 1964, be corrected to show that he was awarded the Small Arms Expert Marksman (SAEM) Ribbon. b. His DD Form 214, Report of Separation from Active Duty, dated 31 August 1977, be corrected to show that he was awarded the Air Force Commendation Medal (AFCM). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01587 in Executive Session on 23 Oct 12, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 30 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 13 Aug 10. Exhibit E. Letter, Applicant, dated 30 Aug 10, w/atchs. Exhibit F. Letter, Applicant, dated 19 Dec 11.