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AF | BCMR | CY2004 | BC-2003-04106
Original file (BC-2003-04106.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04106

            INDEX CODE:      107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  he  was  awarded  the  Distinguished
Flying Cross (DFC) instead of the Air Medal First Oak Leaf Cluster (AM
1/OLC) during the period 15 August 1970.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Secretary of the Air Force Personnel Council (SAFPC)  awarded  him
the AM 1/OLC  after  he  submitted  a  request  through  congressional
channels for award of the DFC.  He is  grateful  for  the  award,  but
believes his achievement was one  of  significance  and  extraordinary
actions that warrants the DFC.  He was assigned in Thailand and  while
flying an EC-121-R airplane after a  combat  mission,  he  experienced
complete hydraulic failure of flight controls prior to landing.  If it
were not for his exact timely situational awareness and  orders  given
to both the engineer and co-pilot, the plane may have never recovered.
 The squadron folded the following January and he was  sent  to  Korea
within three days.  It  was  his  understanding  that  he  was  to  be
submitted for a DFC for recovering the aircraft and saving  the  lives
of 20 crewmembers and himself.  Unfortunately, he was never  submitted
for the award.

In support of his request, applicant  submits  a  personal  statement,
Letter from Senator John McCain, Narrative of Achievement,  Air  Force
Times Articles, letter from AFPC/DPPRSP, with corrected DD  Form  215,
Correction to DD Form 214, Certificate of Release  or  Discharge  from
Active Duty, a copy of his Retirement Orders, and a copy of  a  letter
from Senator Thurmond.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  the  applicant
served on active duty as a commissioned officer from  15 February 1953
through 31 August  1975,  and  retired  in  the  grade  of  Lieutenant
Colonel.  He served in Thailand from 12 August 1970 through 5 February
1971.  He received an Airman’s Medal and  an  Air  Force  Commendation
Medal (AFCM) for  his  tour  of  duty  in  Thailand.   His  report  of
separation reflects award of the Air Medal, Meritorious Service Medal,
Air Force Commendation Medal, the World War  II  Victory  Medal,  Army
Commendation Medal, Combat Readiness Medal, Armed Forces Expeditionary
Medal with (2BSS), National Defense Service Medal with (1BSS), Vietnam
Service Medal with (1SS/RVN), and the Armed Forces Reserve Medal.

In 1996, the applicant requested award of the DFC  as  an  end-of-tour
decoration for his tour in Thailand and the Joint Service Commendation
Medal (JSCM) for a flight from Hawaii to Wake Island in 1975.   On  19
November 1996, he was informed that there was  no  indication  in  his
records that he had been recommended for a DFC and, since he  was  not
assigned to a joint billet in Hawaii, he  was  not  eligible  for  the
JSCM.  He was informed that he needed  official  documents  showing  a
recommendation had been submitted into official channel.  In 2001, the
applicant submitted a DD Form 149 requesting award of the  DFC  for  a
specific mission returning from Vietnam to Thailand when his  aircraft
suffered hydraulic failure, and he landed the  aircraft  safely.   The
application was returned on 8 January 2002, without action and, again,
the applicant was informed that he  needed  to  obtain  a  signed  and
endorsed recommendation package and submit  it  through  congressional
channels.   In  2003,  the  applicant  submitted  a  request   through
congressional channels for award of the DFC for actions on  15  August
1970.  The Secretary of the Air Force Personnel Council  Board  denied
award of  the  DFC,  but  awarded  the  applicant  the  AM  1/OLC  for
meritorious achievement on 15 August 1970.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends  denial.   If  the  applicant  desires,  he  may
contact his recommending  official  to  exercise  the  procedures  for
requesting  reconsideration  of  the  DFC.   Initially  the  applicant
requested award of the DFC for an end-of-tour  (Thailand)  decoration.
However, he received an Air Medal for this tour,  and  the  order  was
published in August  1979,  eight  months  after  his  departure  from
Thailand.  Therefore,  his  commander  did  not  overlook  his  aerial
accomplishments or achievements.  In his second request, the applicant
changed  his  request  to  award  of  the  DFC  for  a  specific,  but
unidentified date, mission.  In  his  third  request  (submitted  into
congressional channels), the applicant obtained a signed and  endorsed
recommendation package from officials in his chain of command, but his
request for award of the DFC was downgraded  to  the  AM  1/OLC.   The
applicant received the notification of award of the AM 1/OLC from  the
Secretary of the Air Force Liaison office, but they  did  not  include
the statement that there was a  one-year  time  limit  to  appeal  the
Board’s decision.  Due to this fact,  the  recommending  official  may
request  reconsideration  of   the   DFC   by   providing   additional
justification to AFPC/DPPPR.

The AFPC/DPPPR evaluation, attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
27 Feb 2004 for review and comment within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

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.  In this  respect,  we  note  the
Secretary of the Air Force  Personnel  Council  (SAFPC)  considered  a
recommendation to award the applicant the DFC for his  actions  on  15
August 1970.  The SAFPC denied the request for award of  the  DFC  and
awarded him the AM, 1/OLC.  After thoroughly reviewing the evidence of
record and noting the applicant’s  complete  submission,  we  find  no
basis to overturn the decision of the SAFPC.  Should the  recommending
official obtain additional justification for awarding the DFC, he  may
provide  it  to  AFPC/DPPPR  for   consideration.    If   after   such
consideration the applicant still believes his records are in error or
unjust, he may provide additional relevant evidence to this Board  for
possible reconsideration.  Therefore, in the absence  of  evidence  to
the contrary,  the  Board  finds  no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material 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 Docket  Number  BC-2003-
04106 in Executive Session on 25 May 2004, under the provisions of AFI
36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. James E. Short, Member
                 Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Dec 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 18 Feb 04.
      Exhibit D. Letter, SAF/MRBR, dated 27 Feb 04.




      ROBERT S. BOYD
      Panel Chair

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