ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1988-02973
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Distinguished Flying Cross (DFC).
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and rejected as untimely by the Board.
(See the Record of Proceedings, dated 30 Jan 89, with attachments, at
Exhibit E).
In his most recent submission, he requests that he be awarded the DFC for
flying 140 combat missions during the Southeast Asia Conflict.
In support of his appeal, the applicant provided copies of documentation
submitted with his initial appeal, an extract of his Officer Military
Record (AF Form 11), and five news clippings regarding individuals who have
received awards after the fact.
His complete submission is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. In earlier findings in this case pertaining to applicant’s request to
be awarded the Distinguished Flying Cross (DFC), the Board determined that
the application was not timely filed and that it would not be in the
interest of justice to excuse the failure to timely file. After reviewing
the evidence previously considered and the applicant’s recent submission,
we have determined that it would be in the interest of justice to waive the
failure to timely file and to resolve this case on its merit.
2. 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, including the
letters of recommendation provided by his former commanders and the
newspaper articles. The Board noted the former commanders indicated that
it was their policy to award the DFC upon completion of 100 or more combat
missions. However, no documentary evidence has been presented to indicate
that a recommendation for award of the Distinguished Flying Cross (DFC) was
officially submitted. In the absence of documentary evidence
substantiating that the applicant was recommended for the requested award
and that such a recommendation was approved, we do not find the evidence
provided establishes that the applicant has been the victim of an error or
injustice. The personal sacrifice the applicant endured for his country is
noted and our decision in no way diminishes the high regard we have for his
service. In view of the above, we agree with the opinion and
recommendation of the Air Force office of primary responsibility that the
applicant has failed to sustain his burden that he has suffered either an
error or an injustice. Accordingly, the applicant’s request for award of
the DFC is not favorably considered.
3. 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 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-1988-02973
in Executive Session on 17 December 2003, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. E. David Hoard, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 21 June 1988,
with Exhibits.
Exhibit F. Applicant’s Letter, dated 28 July 2003, with
attachments.
DAVID C. VAN GASBECK
Panel Chair
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