RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03569
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 MAY 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
The awarded Distinguished Flying Cross (DFC), for extraordinary achievement
while participating in aerial flight on 17 December 1967, be added to his
DD Form 214.
He be awarded the Purple Heart (PH) for injuries sustained while serving in
Vietnam in 1967.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The awarded DFC is missing from his DD Form 214.
He should be awarded the PH based upon injury to his right shoulder as a
result of running into a porch post while seeking shelter in a nearby
bunker during an enemy rocket and mortar attack at DaNang Air Base, South
Vietnam, in February or March 1967.
In support of his request, applicant submits copies of his DD Form 214, DFC
certificate and citation, extracts from his military medical records and
additional documents associated with the issues cited in his contentions.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 16 July
1964 in the grade of airman basic (E-1) for a period of four years. He was
progressively promoted to the grade of sergeant (E-4), with a date of rank
(DOR) of 1 October 1966. He served in Vietnam during the period of August
1966-July 1968. The applicant was released from active duty and
transferred to the Air Force Reserve on 29 August 1968 under the provisions
of AFM 39-10 (Convenience of the Government). He was awarded the Air
Medal, Air Force Commendation Medal, Basic Aircrew Member Badge, Small Arms
Expert Marksmanship Ribbon, Air Force Longevity Service Award Ribbon,
National Defense Service Medal, Vietnam Service Medal with two Bronze
Service Stars, Republic of Vietnam Campaign Medal, Air Force Good Conduct
Medal and the Air Force Outstanding Unit Award. The applicant had
completed a total of 4 years, 1 month and 14 days of active service and was
serving in the grade of sergeant (E-4) at the time of separation.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the application be denied. DPPPR states the
applicant did not provide a special order which would verify his
entitlement to the DFC. To be awarded the PH, a member must provide
documentation to support he was wounded as a direct result of enemy action.
After a review of applicant’s records, DPPPR is unable to find evidence
that his injury was a direct result of enemy action; therefore, his request
does not meet the criteria for award of the PH. The HQ AFPC/DPPPR
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 11
February 2005 for review and response. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
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 concerning the Distinguished Flying Cross
(DFC). In this respect, we note the DFC certificate and citation, provided
by the applicant, states the decoration was awarded for extraordinary
achievement while participating in aerial flight on 17 December 1967. We
also note applicant’s performance report, rendered for the period 12 June
1967 through 11 June 1968, references his support aboard high priority
reconnaissance missions in November and December 1967, which we believe
gives credence to the applicant’s claim. Although the applicant has not
provided a copy of the order awarding the DFC, we have no reason to doubt
the authenticity of the award documents he has provided. In view of the
foregoing, any doubt concerning the DFC should be resolved in favor of the
applicant and we recommend his record be corrected as indicated below.
4. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice concerning award of the Purple Heart (PH).
After a review of the evidence of record and applicant’s submission, we are
unpersuaded he should be awarded the PH for injuries sustained while
serving in Vietnam in 1967. Insufficient evidence has been presented to
substantiate the injury sustained was the direct result of enemy action.
In this respect, we note the medical report of 2 March 1967 does not
support injury resulting from combat. Hence, the PH criteria of enemy
action has not been met. Absent sufficient documentation to support his
eligibility for award of the PH, we find no basis to recommend granting the
applicant’s request for award of the PH.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that the DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, issued in conjunction with
his 29 August 1968 separation, be amended in Item 24, Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized, to include the Distinguished Flying Cross (DFC).
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 27 April 2005, under the provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Mr. Albert C. Ellett, Member
Mr. Jay H. Jordan, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered in connection with AFBCMR Docket Number
BC-2004-03569.
Exhibit A. DD Form 149, dated 13 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 3 Feb 05.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 05.
B. J. WHITE-OLSON
Panel Chair
AFBCMR BC-2004-03569
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 the DD Form 214, Armed
Forces of the United States Report of Transfer or Discharge, issued in
conjunction with his 29 August 1968 separation, be, and hereby is, amended
in Item 24, Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized, to include the Distinguished Flying
Cross (DFC).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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