RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02199 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be entitled to the Silver Star. APPLICANT CONTENDS THAT: He has the citation to accompany the award of the Silver Star for his actions in Vietnam. However, he never received the award and it is not reflected in his records. In support of his request, the applicant provides the verbiage from a proposed citation to accompany the award of the Silver Star. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 6 August 1959, the applicant entered the Regular Air Force. On 31 August 1979, he retired and was credited with 20 years and 25 days of active service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The Silver Star may be awarded to any individual while serving in any capacity with the United States Armed Forces, who distinguishes himself or herself by gallantry in action under any of the following circumstances: while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for award of the Army Distinguished Service Cross, the Navy Cross, or the Air Force Cross, must nevertheless have been performed with marked distinction. The applicant was considered for award of the Silver Star; however, on 10 June 1971, the original award approval authority disapproved the decoration. To grant relief would be contrary to the eligibility criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, the Chief of Staff, and/or the War Department. A complete copy of the DPSID evaluation is at Exhibit C. AFHRA/RS recommends denial. The 39th Air Rescue and Recovery Squadron submitted all of its enlisted aircrew members who participated in the Son Tay raid for Silver Star Medals, and evidently provided these crew members with copies of the award package that included a citation for the Silver Star that there were being recommended for. The Seventh Air Force Awards Board did not believe that these men met the criteria for this award and on 10 June 1971, disapproved these awards. Now it appears, 45 years later, the applicant is trying to convince the Air Force that since he has in his possession the draft copy of the Silver Star Medal citation that accompanied the proposed awards package, he should actually receive the medal, regardless of the Seventh Air Force Awards Board decision in 1971. While the applicant's participation in the Son Tay POW raid is quite noteworthy, and the execution of his part of the mission is commendable and inspiring, it does not rise to the level of others who participated in the raid, landed in North Vietnam, entered into combat and completely overwhelmed the enemy forces and returned with only two injuries. These men did receive the Silver Star. A complete copy of the RS evaluation is at Exhibit D. SAF/MRBP recommends denial and concurs with DPSID’s justification for disapproval, as records from the Seventh Air Force indicate the Silver Star was disapproved in 1971. A complete copy of the MRBP evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 August 2015, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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 opinions and recommendations of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-02199 in Executive Session on 29 September 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02199 was considered: Exhibit A. DD Form 149, dated 29 May 2014, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 22 August 2014. Exhibit D. Memorandum, AFHRA/RS, dated 9 July 2015. Exhibit E. Memorandum, SAF/MRBP, dated 31 July 2015. Exhibit F. Letter, SAF/MRBR, dated 11 August 2015.