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AF | BCMR | CY2003 | BC-2003-00916
Original file (BC-2003-00916.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00916
            INDEX CODE:  107.00

            COUNSEL:  Yes

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband be awarded the Silver Star Medal (SSM) in lieu of
the Distinguished Flying Cross (DFC) for Extraordinary Achievement  on
20 June 1970, while over Cambodia.

_________________________________________________________________

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 her appeal, applicant’s counsel  has  provided  a  brief
that is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The decedent had served in Vietnam from 22 Nov 69 to 12 Nov  70  as  a
Forward Air Controller (FAC) and had been recommended for the SSM  for
a mission over Cambodia on 20 June 1970.  The award  of  the  SSM  was
downgraded and  he  received  the  DFC  instead.   The  decedent  also
received the Air Medal (AM) with 11 Oak  Leaf  Clusters.   He  retired
from the Air Force on 31 March 1982.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends  consideration  be  given  to  the  request  for
upgrade to the SSM.  DPPPR states that many members of the  decedent’s
organization, Rustic FAC  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 decedent’s actions on 20 June 1970,
justify awarding of the Silver Star Medal (SSM).  The statements
provided by individuals who had first hand knowledge of the decedent’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 1 July 1970, he was
awarded the Silver Star Medal for  gallantry  in  action  against  the
enemy  of  the  United  States  on  20  June  1970,  rather  than  the
Distinguished Flying Cross.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-00916 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 8 Jul 02, 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-2003-00916






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 1 July 1970, he was
awarded the Silver Star Medal for gallantry in action against the enemy of
the United States on 20 June 1970, rather than the Distinguished Flying
Cross.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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