AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NO: 98-00656
COUNSEL: NONE
HEARING DESIRED: YES
All6 9 1
Applicant requests that he be awarded the Distinguished Flying
Cross, Fourth Oak Leaf Cluster (DFC, 4 OLC).
Applicant's
submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The applicant provided a
response, with additional documentation (Exhibit E) .
The
appropriate Air Force office reviewed the additional
documentation and provided another advisory opinion to the Board
recommending denial of the application (Exhibit F). The advisory
opinion was forwarded to the applicant for review and response
(Exhibit G). As of this date, no response has been received by
this office.
The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been adequately rebutted by
applicant.
Absent persuasive evidence applicant was denied
rights to which entitled, appropriate regulations were not
followed, or appropriate standards were not applied, we find no
basis to disturb the existing record.
Accordingly, applicant's request is denied.
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 issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. Thomas S. Markiewicz, Mr. Henry Romo
Jr., and Mr. Walter J. Hosey, considered this application on
19 August 1998, in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
.
zML2r-
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
E. Applicant's Response
F. Advisory Opinion
G. AFBCMR Ltr Forwarding Advisory Opinion
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DEPARTMENT O F T H E AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPPRA
550 C Street West Ste 12
Randolph AFB TX 78150-4714
17 March 1998
SUBJECT: Application for Correction of Mlitary Records (DD Form 149)
1. REQUESTED ACTION. Applicant requests:
a. Award of a fourth oak leaf cluster to the Distinguished Flying Cross (DFC).
b. Addition of the first oak leaf cluster to the Legion of Merit to his DD Form 214.
2. BASIS FOR REQUEST. Applicant submitted documentation reflecting the fourth oak leaf
cluster to the DFC was submitted on 27 Jul70.
I
3. FACTS.
a. Applicant's records contain a DD Form 21 5, dated 28 Aug 80, adding the Legion of Merit
with 1 Oak Leaf Cluster to his DD Form 214. Since this is no longer an issue, it will not be dis-
cussed m e r .
b. 435"' Tactical Fighter Squadron Awards and Decorations Information form lists, among
the applicant's pending awards:
DFC, 20LC for 19 Apr 70, submitted 1 May 70
AM, 3-70LC for 23 Jul-22 May 70, submitted 8 Jun 70
DFC, 30LC for 19 Jun 70, submitted 12 Jul70
AM, 8-1OOLC for 23 Mar-14 Jul70, submitted 20 Jul70
DFC, 40LC for 19 Jul70, submitted 27 Jul70
AM, 1 lOLC for 15-27 Jul70, submitted 28 Jul70
,
c. Applicant received the second oak leaf cluster to the DFC for 19 Apr 70 (as submitted) per
HQ ? AF 306-3339/23 JUl70. He received the third oak leaf cluster to the DFC for 19 Jd 70,
per HQ 7" AF SOG-3599/15 Dec 7 1. He received the 13& oak leaf cluster to the Air Medal for
25 Jul70, per HQ 7' AF SOG-0147/15 Jan 72.
4. DISCUSSION. It appears that the recommendation for the third oak leaf cluster to the DFC
for 19 Jun 70 was disapproved, and the recornmendation for the fourth oak leaf cluster for 19 Jul
70 was then awarded as the third oak leaf cluster. Since orders for additional oak leaf clusters to
the Air Medal were published at later dates (1971,1972), it does not seem that HQ 7'" AF made
any errors in the decorations to the applicant, especially since the 13* oak leaf cluster to the Air
Medal was for the period 25 Jul70, and the order was published 15 Jan 72. Awarded the fourth
oak leaf cluster for 19 Jul70, when he already has received a decoration for that date, would be
more than dual recognition, it would be a repetitive recognition by giving the same decoration for
the same act two times. Applicant has received all the awards and decorations which were
approved, and all are correctly listed on his DD Form 214 and DD Form 215.
5. RECOMh4ENDATION.
We recommend disapproval of the applicant's request to be awarded the fourth oak leaf
cluster to the Distinguished Flying Cross.
FOR THE COMMANDER
GEORGIA A. WISE, DAFC
Recognition Programs Branch
Promotions, Eva1 & Recognition Div
9800656
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