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AF | BCMR | CY2004 | BC-2001-01303a
Original file (BC-2001-01303a.DOC) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER: BC-2001-01303

      XXXXXXX    COUNSEL:  HAROLD G. MERCER

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Distinguished Flying Cross (DFC) awarded  for  actions  on  23 September
1970, be upgraded to the Silver Star Medal (SSM).

_________________________________________________________________

STATEMENT OF FACTS:

On 4 October 2001, the Board considered applicant’s request to  upgrade  the
DFC to the SSM.  The Board  found  insufficient  evidence  of  an  error  or
injustice and denied the application.  For an accounting of  the  facts  and
circumstances  surrounding  the  application,  and  the  rationale  for  the
earlier decision by the Board, see the Record of Proceedings at Exhibit F.

On 20 May 2003, the Board favorably considered the requests  of  two  former
Rustics to upgrade their DFCs to SSMs.

In a letter, dated  27  February  2004,  the  applicant’s  counsel  requests
reconsideration of the application,  citing  the  two  favorably  considered
AFBCMR cases, and providing additional  documentation.   Counsel’s  complete
submission, with attachments, is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence of an error or  an  injustice.   After  thoroughly  reviewing  the
criteria for awarding the SSM and DFC, we believe the applicant’s  gallantry
in action on 23 September 1970, clearly meets the criteria for the SSM.   In
this respect,  we  note  the  applicant  is  a  former  Rustic  Forward  Air
Controller (FAC) OV-10 pilot.  The evidence of record indicates that  on  23
September 1970, deep within Cambodia, the applicant  was  providing  support
of an Allied unit that came  under  heavy  enemy  attack  from  bunkers  and
fortified positions within 25 meters of their front and  both  flanks.   Due
to marginal weather conditions, fighter aircraft  support  was  unavailable,
and the AC-119 gunship that had been covering the convoy  had  already  left
the area due to engine trouble.  With total disregard  for  his  own  safety
and despite the low ceiling and poor  visibility,  he  made  several  passes
over the hostile forces expending all  of  his  own  ordnance  with  extreme
accuracy.  As a result of his unselfish heroism, the lives of 150  men  were
saved.  His former commander states  the  original  SSM  recommendation  was
downgraded erroneously by administrative personnel based  on  the  erroneous
belief that being wounded in combat was a prerequisite for  the  award.   In
addition, this Board has considered several  applications  from  members  of
the Rustic FAC units and found 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  his  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 11 March 1971, he was awarded  the
Silver Star Medal for gallantry in action against an  enemy  of  the  United
States on 23 September 1970, rather than the Distinguished Flying Cross.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2001-
01303 in Executive Session on 12 April 2004, under the provisions of AFI 36-
2603:

                  Mr. Charles E. Bennett, Panel Chair
                  Mr. David C. Van Gasbeck, Member
                  Mr. Wayne R. Gracie, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 11 Oct 01, w/atchs.
    Exhibit G.  Letter, Counsel, dated 27 Feb 04, w/atchs.




                                   CHARLES E. BENNETT
                                   Panel Chair

AFBCMR BC-2001-01303




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 XXXXXXX, XXXXXXX, be corrected to show that on 11 March 1971,
he was awarded the Silver Star Medal for gallantry in action against an
enemy of the United States on 23 September 1970, rather than the
Distinguished Flying Cross.










JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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