RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-03644
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Distinguished Flying Cross (DFC), 2nd Oak Leaf Cluster (2OLC),  he
received on 7 Jul 67 for action over North Vietnam be upgraded to  the
Silver Star Medal (SSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He participated in an aerial strike on a heavily defended target  that
resulted in an extremely successful mission. As  part  of  the  strike
force, he chose to keep his flight in the immediate target area  after
his attack to  allow  following  strike  aircraft  to  identify  their
partially obscured target and to cause defensive fire to  be  diverted
from their attack heading. Additionally, he chose to bring his  flight
back into a heavily defended hostile area to participate in an ensuing
mission. In keeping with the criteria which existed for  an  SSM  that
prevailed at that time, an SSM was submitted on his  behalf  for  this
singular act  of  personal  courage.  However,  to  the  best  of  his
knowledge, the award was lost in the Awards and Decorations System  at
the 7th Air Force and was therefore never processed.

He wants the SSM so that his family can be assured he will be  intered
at Arlington National Cemetery and because he believes he  earned  it.
[Examiner’s  Note:  According   to   Arlington   National   Cemetery’s
eligibility  recording  at  703/695-3250,  the  applicant  should   be
eligible for interment because he is retired from the military.]

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 1 Oct 53.  During the  period  in
question, he was  a  major  assigned  to  the  35th  Tactical  Fighter
Squadron at Yokota AB, Japan,  as  an  assistant  operations  officer.
From 2 Jun 67 through 12 Jul 67, he was assigned in a  temporary  duty
status to the 357th Tactical Fighter Squadron, Thailand, as  an  F-105
combat fighter pilot.

The applicant has received four DFCs for extraordinary achievement  on
5 Jul 67, 7 Jul 67 (contested), 11 Jul 67, and 3 Feb 69.  The citation
for the 7 Jul 67 DFC 2OLC indicates that near Bac Le,  North  Vietnam,
the applicant “ . . . exhibited tremendous personal courage in drawing
anti-aircraft fire to himself which enabled F-105 strike  aircraft  to
hit their target. After departing the target area, he flew  protective
cover for a disabled F-4C and exhibited exceptional professional skill
and aerial ability by maintaining optimum posture in the  face  of  an
eminent air attack.” The contested DFC was issued on 2 Oct 67  by  the
7th Air Force.

He was promoted  to  the  grade  of  brigadier  general  in  1978  and
ultimately retired in that grade on 1 Dec  80  with  27  years  and  2
months of active service.

On 25 Oct  98,  the  applicant  inquired  about  the  SSM  purportedly
submitted in his behalf for the  7  Jul  67  action.  Apparently,  his
request was forwarded to HQ USAF/DP. By letter dated  17 Feb  99,  the
Director, Secretary of the Air Force,  Legislative  Liaison  (SAF/LL),
advised the applicant that  HQ  AFPC  at  Randolph  had  reviewed  his
military record but were unable to locate any documentation  verifying
an upgrade of his DFC 2OLC to the SSM. He was advised  to  pursue  the
award under the provisions of the Fiscal Year  1996  National  Defense
Authorization Act (NDAA).

On 24 Oct 02, the applicant requested Senator McCain’s  assistance  in
upgrading the DFC 2OLC to an SSM. His request was forwarded to  SAF/LL
and then to the AFBCMR.

Both AFR 900-48 and AFI 36-2803 stipulate the SSM  is  awarded  to  an
individual for gallantry in action, meaning heroism of a  high  degree
involving risk of life, which does not warrant the Medal of  Honor  or
the Air Force Cross, the two highest awards.  The DFC is  awarded  for
entirely  distinctive  heroism  or  extraordinary  achievement   while
participating in aerial flight.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR  notes  the  applicant  did  not  provide  any  official
documentation to substantiate his claim that he  was  recommended  for
the SSM for his actions on 7 Jul 67 or any statements  from  his  then
chain of command recommending  him  for  the  SSM.  They  believe  the
applicant received sufficient  and  appropriate  recognition  for  his
extraordinary achievement during combat flights over Vietnam.  He  has
not provided any documentation to substantiate his allegation that the
DFC 2OLC recommendation was upgraded to the SSM and submitted  to  the
7th Air Force for consideration. The criteria for  the  SSM  have  not
changed between 1967 and this date.  An  individual  cannot  recommend
himself for a decoration and DPPPR recommends this request be denied.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant advises that there was no congressional  involvement  in
1998, as erroneously stated in the advisory opinion.   At  that  time,
his request was hand-carried to HQ USAF/DP.  He is not inferring  that
the criteria have changed; however, the  citation  for  the  DFC  2OLC
embodies the criteria  for  the  SSM.  These  elements  were  accepted
practice for an SSM during Rolling Thunder in 1967.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit E.

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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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to support upgrading the DFC to an
SSM. Other than his own assertions,  the  applicant  has  provided  no
persuasive evidence that his action on 7 Jul 1967  was  initially,  or
subsequently, recommended for the SSM.  We conclude  that  his  aerial
accomplishment was appropriately recognized with the DFC and, while he
may believe it merits the SSM, he has  not  established  that  he  was
recommended or approved for the higher award. Given that the applicant
has not shown he suffered either an error or an injustice, we find  no
compelling basis to recommend granting the requested relief.

4.    Since the  applicant’s  case  is  adequately  documented  and  a
personal appearance with or without counsel will not materially add to
our understanding of the issue involved, his 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 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  this  application  in
Executive Session on 1 May 2003 under the provisions of AFI 36-2603:

                 Mr. Philip Sheuerman, Panel Chair
                 Mr. Christopher Carey, Member
                 Ms. Martha J. Evans, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2002-03644 was considered:

   Exhibit A.  DD Form 149, dated 24 Oct 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 26 Nov 02.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 02.
   Exhibit E.  Letter, Applicant, dated 16 Dec 02, w/atchs.




                                   PHILIP SHEUERMAN
                                   Panel Chair