RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00559 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Distinguished Flying Cross (DFC), First Oak Leaf Cluster (1OLC). _________________________________________________________________ APPLICANT CONTENDS THAT: He was recommended for the DFC, 1OLC for a mission he flew on 12 Aug 73. He does not understand why the Pacific Air Forces (PACAF) stopped giving out awards and decorations when Vietnam went into a peace-time mode. He would like a written explanation on why his was denied the award. In support of his request, the applicant provides copies of letters, a citation, and flight records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Available records reflect the applicant served on active duty from 8 Apr 71 to 21 Jan 76. The applicant was nominated for the DFC, 1OLC; however, the PACAF Awards and Decorations Board recommended the award be disapproved and no lesser decoration be awarded. The award authority concurred with the recommendation and denied the decoration. Due to the passage of time, there are no records available which provided the rationale for denying the decoration. The DFC is awarded to any officer and enlisted person of the Armed Forces of the United States who shall have distinguished themselves in actual combat in support of operations by heroism or extraordinary achievement while participating in an aerial flight. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states that based upon the approval authority having authority to approve or disapprove a decoration recommendation, they were unable to verify an injustice. In addition, they were unable to locate official documentation that states what reason the applicant was denied the DFC, 1OLC. Further, based on their review and the decision made by the approval authority, they must concur with the approval authority and recommend denial of this request for an explanation on the reason why the applicant was denied the DFC, 1OLC. The complete HQ AFPC/DPSIDR 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 14 May 10 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-00559 in Executive Session on 13 July 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 20 Apr 10. Exhibit D. Letter, SAF/MRBR, dated 14 May 10. Panel Chair