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AF | BCMR | CY1998 | 9800656
Original file (9800656.pdf) Auto-classification: Denied
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 

. i  

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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