RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04488
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM).

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APPLICANT CONTENDS THAT:

He was recommended for the BSM for his service in Vietnam; 
however, it was never awarded or presented.

In support of his request, the applicant provides a DD Form 214, 
Armed Forces of the United States Report of Transfer or 
Discharge

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

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STATEMENT OF FACTS:

On 1 Dec 65, the applicant entered the Regular Air Force.  He 
served three years, two months and five days of active duty 
service.  His DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge reflects one year of Foreign 
Service.

On 5 Feb 69, the applicant was transferred to the Air Force 
Reserve and remained until he was relieved and honorably 
discharged on 30 Nov 71.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that official 
documentation verifying the applicant was recommended for and 
awarded the BSM could not be located.  In addition, DPSID states 
that the applicant has not exhausted all administrative avenues 
in accordance with Title 10, U.S.C. § 1130 to pursue a 
recommendation through a member of Congress.  

The complete DPSID evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 23 May 13, for review and comment (Exhibit D).  As 
of this date, this office has not received a response. 

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.  We note the OPR advisory comments 
concerning the requirements of Title 10, United States Code, 
Section 1130 (10 U.S.C. § 1130), enacted as part of the Fiscal 
Year 1996 National Defense Authorization Act.  However, we do 
not agree that such avenues must be first exhausted prior to 
seeking relief under the provisions of 10 U.S.C. § 1552.  The 
relief offered under 10 U.S.C. § 1130 is a statutory remedy, not 
administrative relief.  Therefore, principles of administrative 
law requiring exhaustion of administrative remedies are 
inapplicable here.  Moreover, as previously noted by this Board 
in decisions concerning this issue, 10 U.S.C. § 1130 clearly 
states that, “Upon request of a member of Congress…the Secretary 
shall make a determination as to the merits of approving the 
award…” – however, it does not require that an applicant must do 
so prior to submitting a request under the provisions of 10 
U.S.C. § 1552.  Finally, we find the OPR's interpretation of 10 
U.S.C. § 1130 contradicts the very intent of Congress in 
establishing service correction boards 65 years ago, i.e., to 
remove their required involvement and avoid the continued use of 
private relief bills, in order to affect such corrections to 
military records.

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.  After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we do not find any official 
documentation to show that he was awarded the BSM, nor has he 
provided evidence to support his request.  


In view of the above and in the absence of evidence to the 
contrary, we find no basis to recommend granting further relief 
in this application.

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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-2012-04488 in Executive Session on 2 Jul 13, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Sep 12, w/atch.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 19 Nov 12, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 13.