RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02156

            COUNSEL:  HAROLD G. MERCER

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    He be awarded the Bronze Star  Medal  (BSM)  for  meritorious  service
during the period 2 June 1970 to 2 June 1971.

2.    He be awarded the Air Medal (AM) for meritorious achievement.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Due to the then-classified nature of  the  mission  and  the  draw  down  of
United States forces in Southeast Asia, timely and  appropriate  recognition
was precluded.

The  applicant  states  that  he  should  be  awarded  the  BSM    for   the
extraordinary service he performed during  his  12-month  tour  in  Vietnam.
Starting with nothing, he built an effective intelligence operation and,  in
the process, solved numerous imposing problems that were most  unique.   His
request should not  be  viewed  as  an  attempt  to  obtain  an  end-of-tour
decoration, but rather appropriate recognition  of  his  actions  that  were
integral to saving the lives of many.

The applicant states that during the period in question, the AM was  awarded
for every 20 combat missions and for specific one-time missions.  Since  the
applicant completed over 20 combat missions, he meets  the  first  criteria.
In addition, there are several distinct combat missions  that  he  completed
that warrant award of the AM for a specific  mission.   The  risks  that  he
assumed, undertaking combat missions  over  Cambodia,  are  perhaps  without
parallel in the field of intelligence personnel.   Although  not  on  flight
orders, in large part due to the classified  and  sensitive  nature  of  the
operation, he contributed to the flights  by  handling  radio  traffic  that
included  obtaining  intelligence  from  Cambodian  ground  commanders   and
assisting with the placement of tactical air strikes.

In support of the appeal, the applicant submits affidavits from  former  OV-
10 Pilots, and his former immediate supervisor and commanders.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the period 2 June 1970 to 2 June 1971, the applicant was assigned  to
Bien Hoa Air Base (AB), Republic of Vietnam.  From  4 June  1970  through  4
October 1970, he was assigned as the Chief of  Targets  Intelligence  Branch
and from 5 October 1070 through 1 June 1971, he was assigned  as  the  Chief
of III ASC Task Force Intelligence.  He  did  not  receive  any  decorations
during this period.

On 14 December 2001, the AFBCMR  considered  and  granted  two  applications
requesting award of DFCs to former Airborne  Interpreters  who  participated
in the Rustic Operation.

The BSM was established in 1944 and is awarded for  heroism  or  meritorious
achievement or service (not involving participation in aerial flight)  while
engaged in armed conflict.

The AM is awarded for meritorious achievement while participating in  aerial
flight, and serving in any capacity with the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
although a required  recommendation  package  (a  narrative  signed  by  the
recommending official and endorsed by the next higher official in the  chain
of command) was not submitted with the  application,  both  the  applicant’s
immediate supervisor and next higher official in the chain  of  command  did
submit affidavits recommending approval of  the  decorations.   In  1974,  a
recommendation to award the applicant the BSM was considered and  denied  by
the 13th Air Force.  Since 13th Air Force was one of the  headquarters  that
routinely processed decorations during the Vietnam  era,  their  disapproval
should stand.  Furthermore, the applicant was not eligible to be  considered
for award of the AM, since he  was  not  a  regularly  assigned  crewmember.
While the applicant contends  he  was  not  submitted  for  any  decorations
because of the classified nature of his duties, many intelligence  personnel
were recommended for decorations during the  contested  period  in  Vietnam,
and many decorations were approved.  Air  Force  regulations  at  that  time
required decoration packages to contain an unclassified  citation,  but  the
narrative portion could be classified.  Had it been unfeasible to  submit  a
recommendation  for  a  decoration  because  an  individual’s  duties   were
classified, then the applicant could  not  have  any  Officer  Effectiveness
Reports (OERs) for that period.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The application was the direct result of advice received from  a  number  of
general officers who were veterans  of  the  war  in  Southeast  Asia.   The
applicant’s unit was specifically prohibited from transmitting  any  of  the
classified  information,  either  in  narrative  or  citation   form,   when
submitting an individual for an award.  As a result,  they  were  unable  to
discuss and/or present the myriad of contributions made  by  the  applicant,
both on the ground and while airborne in Southeast Asia, which  resulted  in
denial  of  the  BSM  recommendations  submitted  in  1971  and  1972.   His
inability  to  obtain  signatures  from  the  recommending   and   endorsing
officials may have been the basis for the disapproval of his request by  the
13th Air Force. The argument may be made that the BSM submissions  were,  on
a technical basis, never fully received by the Air  Force  as  complete  and
satisfactory packages.   The  AFBCMR  has  taken  favorable  action  on  two
previous applications submitted by former Rustic personnel.   The  standards
of the Vietnam  era  and  standards  applicable  to  today’s  military  with
respect   to   awards   and   decorations   are   being   applied   somewhat
interchangeably by the Air Force as bests suits their  arguments.   Contrary
to the evaluation, the applicant could not have  been  recommended  for  the
AFAM since it did not exist in 1971.  In addition, during  the  Vietnam  War
the AM was awarded for meritorious achievement  (i.e.,  number  of  missions
flown) and not just for a specific  act  or  mission.   In  the  applicant’s
case, his contributions could not be discussed and  presented  in  a  timely
manner.  Furthermore, the evaluation is incorrect when stating that  the  AM
can only be awarded to aircrew members.  The  AM  is  awarded  to  U.S.  and
civilian personnel for single acts of heroism or  meritorious  achievements;
thus, the basis for the award to personnel,  including  those  not  even  in
military service, should incorporate those in the service  but  not  aircrew
members.  There is also precedent  for  the  award  to  non-aircrew  members
since a number of airborne interpreters assigned  to  the  Rustic  Operation
received not only the AM, but also the Distinguished Flying Cross (DFC).

Counsel’s complete response, with attachments, 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 error or injustice.  After thoroughly  reviewing  the  criteria
for awarding the BSM and AM, we believe the applicant’s service  during  the
period 2 June 1970 to 2 June 1971 and actions on 8  December  1970,  clearly
meet  the  criteria  for  these  decorations.   The  pilot  that  flew   the
8 December 1970  mission with the applicant indicates that despite  constant
ground fire the applicant  assisted  during  the  missions  by  working  the
radios and acting as his reconnaissance  observer  (i.e.,  constant  contact
with the ground commanders, called-in airstrikes, and assisted  in  spotting
enemy  aircraft/troop  movements).   In  addition,  the  former  awards  and
decorations monitor has indicated that  due  to  the  classified  nature  of
their mission and the draw down of United States forces in  Southeast  Asia,
timely and appropriate recognition was precluded.   The  evidence  presented
to this Board clearly substantiates that  the  applicant’s  performance  and
achievements warrant awarding the BSM and AM.  We also recognize that  three
months after the applicant departed, his unit moved  to  Thailand.   Despite
the applicant’s personal sacrifice for his  country  in  such  an  extremely
dangerous area of operation, he never received a decoration  in  recognition
of his accomplishments during this period.  We note the strong  support  the
applicant has received from senior Air Force officials  who  have  indicated
that their  unique  and  highly  classified  mission  would  not  have  been
accomplished had it not been for the applicant’s actions.   Furthermore,  we
believe that  had  the  applicant’s  duties  not  been  classified  and  the
approval  authority  for  the  decorations  been  aware  of   all   of   his
accomplishments and achievements, he would have been  awarded  the  BSM  and
AM.  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:

      a.    He was awarded  the  Air  Medal  for  extraordinary  achievement
while participating in aerial flight in Southeast Asia on 8 December 1970.

      b.    He was awarded the Bronze Star  Medal  for  meritorious  service
during the period 2 June 1970 to 2 June 1971.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 29 August 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 27 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Aug 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Aug 02.
      Exhibit E.  Letter, Counsel, dated 16 Aug 02, w/atchs.




                                   CHARLES E. BENNETT
                                   Panel Chair
AFBCMR 02-02156




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:

            a.   He was awarded the Air Medal for extraordinary achievement
while participating in aerial flight in Southeast Asia on 8 December 1970.

            b.   He was awarded the Bronze Star Medal for meritorious
service during the period 2 June 1970 to 2 June 1971.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency