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AF | BCMR | CY2004 | BC-2004-02495
Original file (BC-2004-02495.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02495
            INDEX CODE:  107.00
            COUNSEL:  Mr. Harold G. Mercer

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Medal (AM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the classified nature of the Rustic  Operation,  draw  down  of  U.S.
forces in Vietnam and Thailand, the exigencies of the mission,  among  other
related issues, timely and appropriate recognition were precluded.

In support of his request, applicant provided his counsel's brief,  proposed
citation, endorsement  affidavits,  and  his  Officer  Effectiveness  Report
closing 2 Jun 71.  His complete submission, with attachments is  at  Exhibit
A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Republic of  Vietnam  as  an  airborne  Intelligence
officer assigned to Rustic Operation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends consideration be given to his  request  for  award  of
the AM.  DPPPR states many members of  the  Rustic  Forward  Air  Controller
(FAC) units did not receive recognition  of  specific  flights  due  to  the
rapid mission requirements at the time.  Recognition is now  being  afforded
these Rustic FAC members.   The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

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 error or  injustice.   Since  his  request  for  award  of  the
Aircrew Member Badge has been administratively corrected, the only issue  to
be decided is whether award of the AM is warranted.   Evidence  provided  by
the  applicant,  to  include  affidavits  from  his  former  supervisor  and
individuals with first-hand knowledge of his  accomplishments,  indicate  he
flew FAC intelligence gathering missions over the Republic of  Vietnam.   It
appears that timely submission for award of the AM was precluded by  to  the
classified nature of Rustic operations and exigencies of  the  service.   In
view of the above and in recognition of his achievements in the  service  to
his country, it is our opinion that  his  records  should  be  corrected  to
reflect award of the AM as 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 he was  awarded  the  Air  Medal  for
extraordinary achievement while participating in aerial flight in  Southeast
Asia on 5 July 1971.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
02495 in Executive Session on 28 Sep 04, under the  provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. James W. Russell III, Member

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

    Exhibit A.  DD Form 149, dated 20 Jul 04, /atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 24 Sep 04, w/atch.




                             CHARLENE M. BRADLEY
                                             Panel Chair

AFBCMR BC-2004-02495




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 he was awarded the Air
Medal for extraordinary achievement while participating in aerial flight in
Southeast Asia on 5 July 1971.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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