RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00915
INDEX CODE: 107.00
COUNSEL: Yes
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Silver Star Medal (SSM)as requested in the original
submission dated 24 Feb 72, that was downgraded to the Distinguished
Flying Cross (DFC) for Heroism.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to the then classified nature of the mission and the draw down of
United States forces in South East Asia (SEA), coupled with the
exigencies of the mission, appropriate recognition was precluded.
In support of his appeal, applicant’s counsel has provided a brief
that is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant had served in Vietnam and Thailand from 29 Jun 71 to 29
Jun 72 and had received one DFC with one oak leaf cluster (OLC) and
the Air Medal (AM) with 7 OLC’s. He separated from the Air Force on 9
May 1979.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends consideration be given to the request for
upgrade to the SSM. DPPPR states that many members of the applicant’s
organization, Rustic FAC (Forward Air Controller) did not receive
recognition of specific flights due to rapid mission requirements.
They note also that recognition is now being afforded to other members
of the Rustic FAC when necessary documentation is provided.
DPPPR’s evaluation is at Exhibit B.
_________________________________________________________________
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 an error or injustice. After reviewing the evidence of
record, we are persuaded that the applicant’s actions on 29 November
1971, justify awarding of the Silver Star Medal (SSM). The statements
provided by individuals who had first hand knowledge of applicant’s
accomplishments support an upgrade of the DFC to the SSM. In
addition, this Board has considered several applications from members
of the Rustic FAC units and found that their true accomplishments were
not known at the time they were considered for awards because their
duties were classified. In view of the above findings, we recommend
approval of the relief sought in this application.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 2 January 1973, he
was awarded the Silver Star Medal for gallantry in action against the
enemy of the United States on 29 November 1971 rather than the
Distinguished Flying Cross
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2003-00915 in Executive Session on 20 May 2003, under the provisions
of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Billy C. Baxter, Member
Mr. Kenneth Dumm, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jan 03, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPPR, dated 7 May 03.
Exhibit C. Letter, SAF/MRBR, dated 16 May 03.
JOHN L. ROBUCK
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2003-00915
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 on 2 January 1973, he was
awarded the Silver Star Medal for gallantry in action against the enemy of
the United States on 29 November 1971, rather than the Distinguished Flying
Cross.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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