RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02175
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Medal of Honor (MOH) in lieu of the Silver Star (First
Oak Leaf Cluster) (SS (1OLC)) he received for his actions on 11 September
1967.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His actions on 11 September 1967 were definitely deserving of the
Congressional Medal of Honor.
In support of the application, the applicant submits a supportive
statement, his personal statement, a copy of his separation document (DD
214), a Silver Star citation (2), a draft White House response, a
Distinguished Flying Cross citation (4), a PACAF Order of the Able Aeronaut
Award, an Army Commendation Medal citation, and the Republic of Vietnam’s
Gallantry Cross with Silver Star citation. The applicant's complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The National Personnel Records Center, St Louis, MO, was unable to locate
the applicant’s military personnel records. As a result, the following is
the only known information pertaining to the applicant’s service and was
extracted from the partially reconstructed record and from documents
provided by the applicant.
The applicant was released from active duty on 31 August 1974 and retired
in the grade of Major on 1 September 1974. He was credited with total
active service time of 20 years, 1 month, and 28 days. He was awarded the
Silver Star for gallantry in action on 11 September 1967.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends denial. DPPPR states the MOH is given in the name
of Congress to officers and enlisted members who distinguished themselves
by gallantry and intrepidity at the risk of their lives, above and beyond
the call of duty, in action involving actual combat with an armed enemy of
the United States. Furthermore, the MOH recommendations must be entered
formally into the official channels in two years of the act warranting the
recommendation, and awarded in three years. However, a member of Congress
can request a consideration of a proposal for the award or presentation of
a decoration not previously submitted in a timely fashion. DPPPR notes
there is no supporting documentation from the applicant’s chain of command
recommending him for the MOH or upgrading his SS (1OLC) to the MOH. DPPPR
opines the SS is awarded for gallantry in action that does not warrant the
MOH.
The DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates his earlier contentions, and provided an
additional report of action on the events of September 11, 1967, a PACAF
Order of the Able Aeronaut Award with 1st Indorsement, a Republic of
Vietnam’s Gallantry Cross with Silver Star citation, and the Point of the
Spear Covey Forward Air Controllers in Vietnam (a collection of personal
stories and photos) book. On 29 August 2004, the applicant requested
additional information on processing his request his request through
Congressional channels. In his letter dated 21 September 2004, the
applicant requested the processing of his case be continued and included
copies of aircraft photographs and his childrens’ report cards for the
Board’s review. All the aforementioned documentation is at Exhibit E.
_________________________________________________________________
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. After a thorough review of the available
evidence and the applicant’s complete submission, we are not persuaded that
his records should be corrected to show he is entitled to the award of the
Medal of Honor. Other than his assertions, the applicant has provided no
evidence leading us to believe that his superiors erred when he was
recommended for the Silver Star for his actions on 11 September 1967 and
that recommendation was approved, rather than nominated for award of the
MOH. We are not unmindful or unappreciative of his service to his Nation.
However, in view of the above and absent evidence to the contrary, we no
basis on which to favorably consider this application.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or injustice 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 this application in Executive
Session on 4 December 2004, under the provisions of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Ms. B. J. White-Olson, Panel Member
Mr. Gregory A. Parker, Panel Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-2004-02175:
Exhibit A. DD Form 149, dated 27 Apr 04, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, 16 Aug 04.
Exhibit D. Letter, SAF/MRBR, dated 20 Aug 04.
Letter; AFBCMR, dated 14 Sep 04.
Exhibit E. Applicant’s Rebuttal, 27 Aug 04, w/atchs.
MARILYN M. THOMAS
Vice Chair
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