SECOND ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-1990-00446

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    He be awarded the Purple Heart (PH) for injuries  he  received  on  26
December 1969.

2.    The certificate and citation to accompany award of  the  Distinguished
Flying Cross (DFC) awarded for extraordinary achievement during  the  period
19 August 1969 to 3 July 1970, be corrected to reflect that it  was  awarded
for extraordinary achievement on 26 December 1969.

3.    He be considered for promotion to  the  grade  of  major  three  years
below the zone by a Special Selection Board (SSB).

_________________________________________________________________

STATEMENT OF FACTS:

On 27 June 1990, the Board considered the applicant’s  request  that  he  be
awarded the PH, and  that  his  record,  to  include  the  DFC  awarded  for
extraordinary achievement during the period 19 August 1969 to 3  July  1970,
be considered for promotion to the grade  of  colonel  by  an  SSB  for  the
Calendar Years 1987 and 1989 (CY87 &  CY89)  Central  Colonel  Boards.   The
Board found insufficient evidence  of  an  error  or  injustice  to  warrant
awarding the PH and denied this portion of  the  application;  however,  the
Board found sufficient evidence to warrant SSB consideration, with  the  DFC
included as a matter  of  record.   For  an  accounting  of  the  facts  and
circumstances surrounding the application, and the rationale of the  earlier
decision by the Board, see the Record of Proceedings at Exhibit J.

On 1 February 1993,  the  applicant  retired  in  the  grade  of  lieutenant
colonel, with 29 years, 4 months, and 21 days of active service.




Based on additional evidence submitted by the applicant, on  19 April  1993,
the Board reconsidered his requests.  The Board found insufficient  evidence
of an error or injustice and denied his requests.  For an accounting of  the
facts and circumstances surrounding the application, and  the  rationale  of
the  earlier  decision  by  the  Board,  see  the  Addendum  to  Record   of
Proceedings at Exhibit N.

In  an  application,  dated   10   May   2001,   the   applicant   requested
reconsideration and provided additional documentation  (Exhibit  O).   In  a
letter, dated 22 June 2001, he was advised that his  request  did  not  meet
the criteria for reconsideration by the Board (Exhibit P).

In a letter, dated 11 February 2004, the applicant requests  reconsideration
of  his  application.   In  support  of  his  request,  he  submits  a  2003
Department of Veterans Affairs (DVA) rating decision  awarding  him  an  80%
rating  and  medical  records  from  the  Jewish  Hospital  at   Louisville,
Kentucky, that performed surgery on his  wrist  to  correct  the  injury  he
incurred on 26 December 1969.  The  applicant’s  complete  submission,  with
attachments, is at Exhibit Q.

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is  necessary  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.

      a.  After thoroughly reviewing the evidence of record and  noting  the
applicant’s contentions, we are not persuaded that he has  been  the  victim
of an error or injustice to warrant correcting his record  with  respect  to
the Distinguished Flying Cross (DFC).  In this respect, we note  that  other
than the Department of Veterans  Affairs  (DVA)  30  September  2003  rating
decision, he  has  provided  no  new  evidence.   After  reviewing  the  DVA
documentation, we find nothing to persuade us  that  the  citation  for  the
contested DFC should be changed.  Should the  applicant  provide  statements
from other individuals  on  the  26 December  1969  mission,  or  copies  of
citations showing that DFCs were awarded to other members  involved  in  the
mission in  question,  we  would  be  willing  to  reconsider  his  request.
However, based on the evidence presented, we do not believe he has  met  his
burden of establishing that his records are in error in this respect.

      b.  Concerning his request for award of the  PH,  a  majority  of  the
Board notes the personal sacrifice the applicant  endured  for  his  country
and our recommendation in no way diminishes the high regard we have for  his
service; however, we find that his injury was the result of  the  aircraft’s
evasive maneuver to avoid enemy anti-aircraft fire, rather than  the  direct
result  of  enemy  action.   Therefore,  a  majority  of  the  Board   finds
insufficient documentary evidence has been  presented  to  warrant  awarding
him the PH.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The applicant be notified that the additional  evidence  presented  did  not
demonstrate the existence  of  material  error  or  injustice  warranting  a
change to the citation for the Distinguished Flying Cross (DFC).

A majority of the Board finds insufficient evidence of  error  or  injustice
to warrant awarding the Purple Heart (PH) and  recommends  this  portion  of
the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-1990-00446
in Executive Session on 25 February 2004, under the provisions  of  AFI  36-
2603:

                       Mr. Charles E. Bennett, Panel Chair
                       Ms. Martha Maust, Member
                       Mr. John B. Hennessey, Member

All members recommended denial of the request pertaining  to  the  DFC.   By
majority vote, the Board  recommended  denial  of  applicant’s  request  for
award of the Purple Heart (PH).  Ms. Maust voted to award the applicant  the
PH and has submitted a minority report which is attached at Exhibit R.   The
following documentary evidence was considered:

      Exhibit J. Record of Proceedings, dated 16 Jul 90, w/atchs.
      Exhibit K. Letter, Applicant, dated 20 Nov 92, w/atchs.
      Exhibit L. Record of Proceedings, dated 4 Dec 91, w/atchs.
      Exhibit M. Record of Proceedings, dated 8 Oct 92, w/atchs.
      Exhibit N. Addendum to Record of Proceedings,
            dated 13 May 93, w/atchs.
      Exhibit O.  DD Form 149, dated 10 May 01, w/atchs.
      Exhibit P.  Letter, AFBCMR, dated 22 Jun 01.
      Exhibit Q.  Letter, Applicant, dated 11 Feb 04, w/atchs.



                                   CHARLES E. BENNETT
                                   Panel Chair



MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS

FROM: SAF/MRB

SUBJECT:    APPLICANT, AFBCMR Docket Number BC-1990-00446

      I have carefully considered all the circumstances of this case and do
not agree with the Board’s denial of the applicant’s request concerning the
Distinguished Flying Cross (DFC) and the recommendation of the majority of
the panel that his request for award of the Purple Heart (PH) should be
denied.

      As indicated by the minority member of the panel, the only issue
before this Board concerning the PH is whether the applicant’s injury was
caused as a direct result of enemy action.  Based on a totality of the
evidence presented, I believe his injury, incurred on 26 December 1969,
when his aircraft made a strong evasive move to avoid a heavy pattern of
exploding anti-aircraft fire during a combat mission over a heavily
defended airstrip in Northern Laos, was the direct result of enemy action.
An eyewitness statement from a retired senior Air Force official
unequivocally states the applicant’s wound was caused by the enemy’s heavy-
fire during the mission.  Furthermore, his former commander states the
injury was received through direct exposure to enemy anti-aircraft fire.
In view of these statements and since there is medical documentation
substantiating he received medical treatment for his wound, I find the
applicant has met his burden of establishing that he meets the criteria for
the PH.

      With regard to the DFC, the applicant’s MAJCOM had an established
policy in effect at the time that a DFC would be awarded upon the
completion of a tour of duty and the DFC citation would reference a
specific mission during the tour of duty.  This is further evidenced in the
narrative comments of the end of tour (EOT) DFC citations awarded to other
members of his MAJCOM.  As indicated in the applicant’s EOT DFC
recommendation package, he was recommended for the DFC for extraordinary
achievement on 25 (sic) December 1969.  In view of this policy and since
the DFC citation in his records does not reference a specific mission, I
find that a material error exists in the records.  I also recognize that
his MAJCOM had a policy whereby a DFC would be awarded for extraordinary
achievement during one mission if aerial reconnaissance information of
enemy capabilities was obtained.  As indicated in the applicant’s
recommendation package, the aerial reconnaissance information he obtained
during the 26 December 1969 combat mission was used to brief his MAJCOM and
numbered Air Force commanders.


      In view of the above and noting the applicant was the only Air Force
combat photographer to fly into North Vietnam, I have, therefore, decided
that relief is warranted and direct that he be awarded the PH and his
records corrected to show that he was awarded the DFC for extraordinary
achievement on 26 December 1969.  I also direct his corrected record be
considered by Special Selection Board for the Calendar Years 1987 and 1989
Central Colonel Selection Boards.  However, I find no basis to direct his
promotion consideration for the Fiscal Years 1974 and 1975 major boards, as
it appears he was not nominated for below-the-promotion zone consideration
by these boards.

                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency


AFBCMR BC-1990-00446




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 Purple Heart (PH) for injuries he
received in action against an enemy of the United States in a F-105G
aircraft during a mission over Northern Laos, on 26 December 1969.

                 b.    He was awarded the Distinguished Flying Cross (DFC)
for extraordinary achievement on 26 December 1969, rather than during the
period 19 August 1969 to 3 July 1970.

                 c.    The attached DFC citation awarded for extraordinary
achievement on 26 December 1969, be, and hereby is, accepted for file in
his officer selection record.

      It is further directed that his corrected records be considered for
promotion to the grade of colonel by Special Selection Board for the
Calendar Years 1987 and 1989 Central Colonel Selection Boards.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

Attachment:
DFC citation



MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
            CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, DOCKET NO: BC-1990-00446

      The Board has considered this case and all members find the evidence
of record does not support the applicant’s requested relief concerning the
Distinguished Flying Cross.  In regards to the Purple Heart (PH), the
majority of the Board finds insufficient evidence to warrant awarding him
this award.  However, based on a totality of the evidence of record, I
believe this portion of his request should be favorably considered.

      It is uncontested that during a 26 December 1969 combat mission, the
applicant was injured when his aircraft made a strong evasive move to avoid
a heavy pattern of exploding anti-aircraft fire and he was slammed against
the side of the cockpit of an F-105G due to the strong G-forces.
Therefore, the only issue before this Board is whether his injury, caused
by the aircraft’s strong evasive move, qualifies him for the PH.  The
applicant provides an eyewitness statement from a retired senior Air Force
official who unequivocally states his wound was caused by the enemy’s heavy-
fire during the mission.  In addition, his former commander states the
injury was received through direct exposure to enemy anti-aircraft fire.
Medical documentation indicates that his wound received medical treatment
and in 1973, required surgical removal of a ganglion cystic mass that had
formed at the sight of the wound.  The Board previously addressed this
issue in 1993 and was not persuaded that his injury was the direct result
of enemy action.

      In view of the events of 11 September 2001 and noting the Board’s
recent decisions in similar cases regarding award of the PH, I believe the
applicant should be awarded the PH.  By making this determination, this
case will be forwarded to the deciding official, who, in similar cases, has
determined the interest of justice can best be served by awarding the PH.




                                        MARTHA MAUST
                                        Panel Member