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AF | BCMR | CY2002 | 0202652
Original file (0202652.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02652
            INDEX CODE 107.00
            COUNSEL:  HAROLD G. MERCER

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross  (DFC)  for  extraordinary  for
actions over Cambodia as an airborne interpreter.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should have been awarded the DFC for his actions on 23 November  1970  as
an Airborne Interpreter; however, due to the then classified nature  of  the
mission and the drawn down of United States forces  in  Southeast  Asia,  he
was not.

In support of the appeal, applicant submits affidavits from his former  Task
Force Commander and OV-10 pilots strongly recommending that  he  be  awarded
the DFC, and a proposed DFC citation.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 December 2001, the AFBCMR considered and granted a similar request  by
a former Airborne Interpreter who participated in the Rustic Operation.

The DFC was established by Congress  on  2 July  1926  and  is  awarded  for
heroism or extraordinary achievement while participating in  aerial  flight.
The performance of the act of heroism must be evidenced by voluntary  action
above and beyond the call of duty.

_______________________________________________________________




On 31 January 1984, the applicant was relieved from active duty and  retired
effective 1 February 1984 in the grade of  master  sergeant.   His  DD  Form
214, Report of Separation or Discharge from the Armed Forces indicates  that
he was awarded a total of 11 AMs

On 7 September 2000, the  Secretary  of  the  Air  Force  Personnel  Council
(SAFPC)  Air  Force  Decoration  Board  considered  and  denied  applicant’s
request for award of the DFC, with One Oak Leaf Cluster.

The DFC was established by Congress  on  2 July  1926  and  is  awarded  for
heroism or extraordinary achievement while participating in  aerial  flight.
The performance of the act of heroism must be evidenced by voluntary  action
above and beyond the call of duty.

The AM is awarded for heroic or meritorious achievement while  participating
in aerial flight.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
although the 23 November 1970 mission may have been classified at the  time,
the proposed citation is entirely unclassified,  except  for  identying  the
enemy territory as Combodia, and was unclassified at that time.   AFPC/DPPPR
does not believe sufficient justification has been  provided  to  show  that
the applicant was not recommended for the  DFC  because  of  the  classified
nature of his mission.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A representative of the Rustic FAC  Association  states  that  a  number  of
interpreters having similar duties were awarded  the  DFC  based  on  timely
submissions.   However,  some  recommendations  were  compromised,  in  some
instances apparently lost, and others not acted upon due to  the  classified
nature and exigencies of the missions, and the drawn down of  United  States
forces in Southeast Asia.  The author of the Air Force evaluation  does  not
appreciate the unique  circumstances  in  which  the  Rustic  Operation  was
conducted.  The classified nature of the operation ranged from  some  French
terms and phrases that were deemed classified,  to  secure  radio  equipment
and  night  vision  scopes  that  were,  at  the  time,  state  of  the  art
intelligence gathering devices  that  were  top  secret.   Furthermore,  the
nature of the operation, the specifics relating to the levels  of  authority
approving certain missions, certain intelligence methods and sources, and  a
myriad of other aspects surrounding the missions  flown  affected  virtually
every submission that was considered for recognition of an aircrew member.

The Rustic FAC Association representative’s complete response is at  Exhibit
E.

_________________________________________________________________
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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
criteria for awarding the DFC, we believe the  applicant’s  actions  clearly
met the extraordinary achievement requirement for award  of  the  DFC.   The
pilot that flew the subject mission with the applicant  indicates  that,  in
essence, the applicant provided critical coordination with  friendly  ground
commanders to coordinate the successful rescue of two airmen that  had  been
shot down.  The evidence presented to this Board clearly substantiates  that
the applicant’s performance during this  mission  went  beyond  that  of  an
interpreter. More importantly, documentation has been provided showing  that
fellow  enlisted  Airborne  Interpreters  serving  in  Southeast  Asia  that
performed the same duties and extraordinary  achievements  as  he  did  were
awarded  the  DFC.  Therefore,  we  recommend  the  applicant’s  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that  he  was  awarded  the  Distinguished
Flying Cross for extraordinary achievement, while  participating  in  aerial
flight as a Linguist/Interrogator Specialist (Observer and  Interpreter)  in
Southeast Asia on 23 November 1970.

_______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 September 2002, under the provisions of AFI 36-2603:

                  Mr. Charles E. Bennett, Panel Chair
                  Mr. David C. Van Gasbeck, Member
                  Mr. Wayne R. Gracie, Member

 The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 9 Sep 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Sep 02.
      Exhibit E.  Letter, Applicant, dated 12 Sep 02.




                                   CHARLES E. BENNETT
                                   Panel Chair

AFBCMR 02-02652




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was awarded the
Distinguished Flying Cross for extraordinary achievement, while
participating in aerial flight as a Linguist/Interrogator Specialist
(Observer and Interpreter) in Southeast Asia on 23 November 1970.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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