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AF | BCMR | CY2005 | BC-2004-03160
Original file (BC-2004-03160.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03160

            INDEX CODE:  107.00

      xxxxxxxxxxxxxxx  COUNSEL:  NONE

      xxxxxxxxxxxxxxx  HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  12 APR 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he  received  the  Silver  Star  (SS)
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was submitted for a SS Medal in 1972, but the date for the  mission
was in error, as another crewmember submitted the crew for  a  Defense
Flying Cross (DFC) using the same date.

In support of his request, applicant submits a personal  statement,  a
copy of his Individual Flight Record,  a  copy  of  the  Citation  and
Certificate for Award  of  the  Distinguished  Flying  Cross,  for  28
December 1972, and a copy of the Citation and Certificate for Award of
the Distinguished Flying Cross w/1 OLC, for 15 April 1972.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  he  served  on
active duty as a commissioned officer from 2 April 1968,  and  retired
in the grade of lieutenant colonel on 1 July 1994.

His records reflect award of the Distinguished Flying Cross  w/1  OLC,
Air Medal w/10  OLCs,  Meritorious  Service  Medal,  Combat  Readiness
Medal,  Republic  of  Vietnam  Campaign  Medal,  Republic  of  Vietnam
Gallantry Cross w/1 Device, Republic of Vietnam Service  Medal,  Armed
Forces Expeditionary Medal, National Defense Service  Medal,  and  the
Armed Forces Reserve Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the applicant's request be denied.  DPPPR states
an individual cannot receive two  decorations  for  the  same  act  or
period, as  this  would  constitute  dual  recognition,  which  is  in
violation of applicable executive  orders  and  standing  regulations.
There also was no decoration recommendation provided by the  applicant
or in his  military  records  to  indicate  a  SS  recommendation  was
submitted.  The applicant did provide copies of an approved basic  DFC
and DFC w/1 OLC for his service during Operations LINEBACKER I and II.

DPPPR states no individual can recommend himself or herself for a one-
time  reconsideration  for   decoration   upgrade.    This   must   be
accomplished by the recommending official  or  intermediate  authority
within the approval chain for the decoration  being  considered.   The
member did not provide, nor could they locate any documentation in the
applicant’s  military  records  of  a  one-time  reconsideration   for
decoration upgrade from  the  recommending  official  or  intermediate
authority.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  22
April 2005, respectively for review and response.  As  of  this  date,
this office has received no response.

_________________________________________________________________

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
evidence presented and the evidence of record, we  are  not  persuaded
that award of the Silver Star Medal is warranted.  While it appears he
participated in operations Linebacker I and II and  was  appropriately
awarded the DFC and DFC w/1 OLC for his extraordinary achievement,  he
has provided  no  documentation  to  support  his  contention  he  was
recommended for award of the Silver Star Medal.  Therefore,  we  agree
with the opinion and recommendation of the Air  Force  and  adopt  its
rationale as basis for our conclusion he has not been the victim of an
error or injustice.  In the absence  of  persuasive  evidence  to  the
contrary, we find 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 a 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 no considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
03160 in Executive Session on 9 June 2005, under the provisions of AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Michael J. Maglio, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 Oct 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 12 Apr 05.
      Exhibit D. Letter, SAF/MRBR, dated 22 Apr 05.






      RICHARD A. PETERSON
      Panel Chair




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