RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04235 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to reflect he was awarded the following decorations: 1. Meritorious Service Medal (MSM). (Administratively corrected) 2. Bronze Star Medal (BSM). 3. Joint Service Commendation Medal (JSCM). ________________________________________________________________ APPLICANT CONTENDS THAT: Bronze Star Medal. On 13 Apr 66, while on Temporary Duty (TDY) to Tan Son Nhut Air Field, Saigon, South Vietnam, he was wounded during a mortar attack and received the Purple Heart (PH) Medal and Air Force Commendation Medal (AFCM), First Oak Leaf Cluster (1OLC). He was aware that he was recommended for the BSM, rather than an AFCM. The commander later apologized to him for the award being downgraded due to a policy that did not allow award of the BSM to transients who were not stationed “in country.” Months later, he participated in Operation JUNCTION CITY, the largest combat multi-divisional deployment in the Vietnam War. However, the colonel he worked for tore up his BSM recommendation when he discovered the applicant was leaving Vietnam on emergency leave and would not return. He does not know if it would have been approved, but the colonel felt the award recommendation was worth writing. Joint Service Commendation Medal. On 24 Apr 66, while serving as the C-130 Mission Commander at Tay Ninh III for Operation BIRMINGHAM, the largest combat airlift operation of the Vietnam War, he was told he was being recommended for the JSCM; however, he never received the award. In truth, he does not know if anything was ever done about the JSCM, but he has frequently wondered what happened. In support of his request, the applicant provides an expanded statement, copies of his DD Form 214, Citation for the AFCM (1OLC), two Officer Performance Reports, and extracts of two blogs he has written about his experiences in Vietnam. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s military personnel records, he entered active duty on 14 Mar 55 and served on active duty until he was retired for length of service on 30 Apr 75. He was credited with 20 years, 1 month, and 17 days of total active service; of which, 2 years, 8 months, and 24 days was foreign service. On 15 Dec 11, AFPC/DPSIDR notified the applicant of the applicant of their determination of his entitlement to the MSM and corrected his records administratively. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial, indicating there is no evidence of an error or injustice. The applicant has not provided any documentation to support his claim. Under Fiscal Year 1996 National Defense Authorization Act (NDAA), the original or reconstructed written award recommendation 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 of achievement, with firsthand knowledge of the member’s accomplishments. According to the applicant he was told he was being recommended for the BSM but that it was downgraded to the AFCM (1OLC). No official documentation has been located or provided which verifies the applicant was initially submitted for the BSM for his actions on 13 Apr 66 and that it was downgraded to the AFCM. Similarly, no official documentation verifying the applicant was recommended for or awarded the JSCM for his actions in Vietnam during Operation BIRMINGHAM. Therefore, the applicant is ineligible for entitlement to the BSM and JSCM. A complete copy of the AFPC/DPSIDRA 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 22 Dec 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. 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 their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the Air Force OPR has determined the applicant’s entitlement to the Meritorious Service Medal (MSM) and corrected his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. ________________________________________________________________ THE BOARD DETERMINES 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-2011-04235 in Executive Session on 3 May 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04235 was considered: Exhibit A. DD Form 149, dated 26 Oct 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 15 Dec 11. Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11.