RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02357 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, to be corrected to include the following Air Force Medals and/or Ribbons in recognition of his Vietnam service: a. Medal of Honor (MoH). b. Armed Services Medal of Honor. c. Medal of Valor. d. Air Force Cross (AFC). e. Distinguished Service Medal (DSM). f. Silver Star (SS). g. Bronze Star Medal (BSM). h. Purple Heart (PH). i. Air Medal (AM). j. Armed Forces Expeditionary Medal (AFEM). k. Republic of Vietnam Gallantry Cross with Palm (Already Reflected on his DD Form 215). APPLICANT CONTENDS THAT: He was sent to Vietnam and on 23 Aug 67 engaged in combat operations where his actions saved the lives of 55 U.S. Army personnel. He was wounded in action and suffered ear damage. He believes his medical records were tampered with to remove any evidence of his combat injuries and subsequent hospital admittance at Da Nang Air Base, Vietnam. It also appears that his awards and decorations listed in his official military personnel record have been redacted. He was awarded the following medals for his action in Vietnam: MoH, Armed Services Medal of Honor, Medal of Valor, AFC, DSM, SS, BSM, PH, AM, AFEM and RVNGC with Palm; however, shortly thereafter, these medals were taken based on the mission being classified. In support of his request, the applicant provided two DD Form 149s dated 17 May and 5 Jun 14. He also included an excerpt from a medical record, a front copy of an evaluation report, and a clinical record cover sheet. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 15 Feb 65. On 24 Aug 68, the applicant was furnished an Honorable discharge, and was credited with 3 years, 6 months, and 10 days of active service. The applicant’s DD Form 214 and subsequent DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the following Air Force Medals and/or Ribbons: - National Defense Service Medal - Republic of Vietnam Campaign Medal - Air Force Good Conduct Medal - Vietnam Service Medal with 4 Bronze Service Stars - Republic of Vietnam Gallantry Cross with Palm The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR) and AFHRA/RS 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 MoH is the highest and most prestigious United States military medal. It is awarded by the President of the United States in the name of Congress. The MoH may be awarded to members of the United States Armed Forces who distinguish themselves conspicuously by gallantry and intrepidity at the risk of their lives above and beyond the call of duty under any of the following circumstances: (1) while engaged in action against an enemy of the United States, (2) while engaged in military operations involving conflict with an opposing foreign force, (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force for which the United States is not a belligerent party. The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life. It is necessary that there is proof beyond a reasonable doubt that the Service member performed the valorous action for which they were recommended for the MoH. While the MoH criteria include a requirement for the Service member to risk his or her life, there is no requirement for the member to be wounded or killed in order to meet the “risk of life” portion of the MoH criteria. The Armed Services Medal of Honor and the Medal of Valor are not official awards or decorations of the United States Air Force and Department of Defense (DoD). The AFC is awarded to service members who, while serving in any capacity with the United States Air Force distinguish themselves by extraordinary heroism not justifying the award of the MoH 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; 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 DSM is awarded to United States and foreign military and civilian personnel for exceptionally meritorious service to the United States in a duty of great responsibility while serving in any capacity with the Air Force. In wartime, a duty of great responsibility is one that involves the exercise of authority or judgment in matter that decide the successful outcome of a major military operation. In peacetime, it is a duty which carried the ultimate responsibility for the successful operation of a major command, activity, installation or major program. The discharge of such duty must involve the acceptance and fulfillment of the obligation so as to greatly benefit the interests of the United States. The SS may be awarded to any individual while serving in any capacity with the United States Armed Forces, who distinguishes themselves 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 lesser degree than that required of the Air Force Cross, must nevertheless have been performed with marked distinction. The BSM may be awarded to any person who, while serving in any capacity with the United States Armed Forces, distinguishes themselves by heroic or meritorious achievement or service, not involving participation in aerial flight; 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 PH may be awarded to any member of the United States Armed Forces who have been wounded, killed, or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as a part of a peacekeeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the service member's medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. The AM may be awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 Sep 39, distinguishes himself or herself by meritorious achievement while participating in an aerial flight. The AM may be awarded for combat or non-combat action in recognition of single acts of valor, heroism, or merit while participating in aerial flight. Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight. The AFEM may be awarded to members of the Armed Forces of the United States who, after 1 July 1958, participate, or have participated, as members of United States military units in a United States Military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; encounter, incident to such participation, foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria: Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; Accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. It appears as though the applicant’s official military personnel record was involved in the National Personnel Record Center fire of 1973, limiting the documentation in the applicant’s official military personnel record. After a thorough review of the applicant’s limited official military personnel record, they were unable to verify the award of the MoH, Armed Services Medal of Honor, Medal of Valor, AFC, DSM, SS, BSM, PH, AM, or the AFEM. There was no documentation in the applicant’s record, such as a Special Order or recommendation for award of the MoH, AFC, DSM, SS, BSM, AM, nor was any provided. They were not able to provide any verification related to the Armed Services Medal of Honor or Medal of Valor, nor can they updated the applicant’s DD Form 214 as these are not official USAF or DoD awards or decorations. They were not able to verify the award of the AFEM. They note the applicant has already been awarded the Vietnam Service Medal and therefore it would be dual recognition to receive the AFEM for his service in Vietnam. They did determine that the below Air Force Medals and/or Ribbons should have been awarded: - Presidential Unit Citation - Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster. Upon final Board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. AFHRA/RS recommends denial indicating there is no evidence of an error or an injustice. After reviewing both official documentation provided by the applicant, his official military personnel records, official unit histories, and other documentation held by the Air Force Historical Research Agency no mention was found concerning the deployment or assignment of the applicant. Other documentation, such as the Pacific Air Forces and Military Assistance Command-Vietnam Command Post logs were checked for the 23 through 26 Aug 67 time period and no mention was found of any ground combat that involved an USAF ground radio communication equipment repairman. It should be noted that the type of situation the applicant described would appear to be the type of circumstance USAF ground forward air controller would be participants of; however, these ground radio men of such team are highly trained to be effective in the ground combat environment and the applicant’s personnel file reflect no such training. Finally the official unit histories of the 366th Tactical Fighter Wing, based at Da Nang Air Base, where the applicant believes he was sent for medical treatment on 29 Jul 67 was reviewed and no mention of this event was found. The original documentation in the claimant’s official military personnel file does not reflect the appearance of any alterations or tampering. Therefore, is it their opinion that the applicant did not arrive in Thailand until the first of Sept 67 and did not participate in any ground combat while stationed in Thailand, and that he received medical attention for Hepatitis A and not for combat wounds. There is no indication in any of the Air Force Historical Research Agency’s document collected that the applicant was ever bestowed any of the awards claimed in his request and they agree with AFPC/DPSID advisory. A complete copy of the AFHRA/RA evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted two separate responses to the Air Force Advisories in which he contends his previously received DD Form 215 which amended his original DD Form 214 and awarded him the Vietnam Service Medal with four Bronze Service Stars and the Republic of Vietnam Gallantry Cross with Palm validated his service in the Air Force as more than just normal duty. He goes on to state that he was trained as a Forward Air Controller and completed jungle survival training and while he commends the research and information provided by the Air Force Advisors, he believes his military personnel records have been tampered with based on the classified nature of his service. The applicant’s complete submission, with attachments, is at Exhibit F. 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, to include his rebuttal comments, in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility (OPR) and AFHRA/RS and adopt their rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted. 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-2014-02357 in Executive Session on 15 Sep 15 and 6 Oct 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02357 was considered: Exhibit A. DD Form 149s, dated 17 May 14 and 5 Jun 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 12 Dec 14. Exhibit D. Memorandum, AFHRA/RS, dated 31 Jul 15. Exhibit E. Letter, SAF/MRBR, dated 11 Aug 15. Exhibit F. Applicant Letters, undated.