Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-03569
Original file (BC-2004-03569.doc) Auto-classification: Approved

                       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

Similar Decisions

  • AF | BCMR | CY2004 | bc-2003-03616

    Original file (bc-2003-03616.doc) Auto-classification: Denied

    Furthermore, his medical records indicate that he had an operation. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the DFC and states, in part, that there is no evidence he was recommended for, or awarded the DFC. Should the applicant provide additional statements containing specific details regarding his...

  • AF | BCMR | CY2007 | BC-2007-00128

    Original file (BC-2007-00128.doc) Auto-classification: Denied

    Applicant’s complete submission, with attachments, is at Exhibit A. To be awarded the PH, a member must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our...

  • AF | BCMR | CY2006 | BC-2005-02433

    Original file (BC-2005-02433.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR states there is no indication in the applicant’s records that he was recommended or awarded the DFC with first through third OLC. HQ AFPC/DPPPR further stated the applicant’s one year service in Vietnam was verified by his DD Form 214 dated 26 February 1972. Exhibit B. Applicant’s Master Personnel Records.

  • AF | BCMR | CY2004 | BC-2004-00644

    Original file (BC-2004-00644.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00644 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC) and an Oak Leaf Cluster to the Purple Heart (PH) Medal. There is no evidence in his records of a recommendation for award of the DFC. Military Personnel Record Exhibit C. Letter,...

  • AF | BCMR | CY2005 | BC-2005-01651

    Original file (BC-2005-01651.DOC) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the applicant’s request for issuance of the PH, DFC and BSM to her late husband be denied, and states, in part, that no official documentation has been provided to show the member was recommended for, or awarded the DFC, BSM, and PH. RITA S. LOONEY Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: XXXXXXXXX,...

  • AF | BCMR | CY2007 | BC-2007-00738

    Original file (BC-2007-00738.DOC) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial. ________________________________________________________________ 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...

  • AF | BCMR | CY2004 | BC-1990-00446A

    Original file (BC-1990-00446A.doc) Auto-classification: Approved

    He be awarded the Purple Heart (PH) for injuries he received on 26 December 1969. _________________________________________________________________ STATEMENT OF FACTS: On 27 June 1990, the Board considered the applicant’s request that he be awarded the PH, and that his record, to include the DFC awarded for extraordinary achievement during the period 19 August 1969 to 3 July 1970, be considered for promotion to the grade of colonel by an SSB for the Calendar Years 1987 and 1989 (CY87 &...

  • AF | BCMR | CY2005 | BC-2004-02871

    Original file (BC-2004-02871.DOC) Auto-classification: Denied

    In November 2004, the Secretary of the Air Force Personnel Council (SAFPC) considered and denied the applicant’s request for a 10% increase in retirement pay based on receiving the SS and DFC for heroism. Review by the Secretary of the Air Force Personnel Council (SAFPC), the approval authority, determined that the increase in pay was not warranted in this case. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...

  • AF | BCMR | CY2003 | BC-2002-04079

    Original file (BC-2002-04079.doc) Auto-classification: Approved

    _________________________________________________________________ THE APPLICANT CONTENDS THAT: He should receive the PH for a wound he received as a direct result of enemy action on 25 March 1945. He did not refer to any medical treatment he might have received or provide any documentation showing that he did received any medical treatment for leg injuries incurred on 25 March 1943. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent...

  • AF | BCMR | CY2006 | BC-2005-03558

    Original file (BC-2005-03558.doc) Auto-classification: Denied

    All elements of a DFC for heroism approved (certificate dated) between 18 September 1947 to 2 June 2004 will not be reaccomplished to reflect “Valor”; nonetheless, individuals with these DFCs are authorized to the wear the “V” device.” _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR states the applicant was awarded the DFC for extraordinary achievement and not heroism. Therefore, they recommend the applicant’s request for the “V” device...