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AF | BCMR | CY2006 | BC-2005-02433
Original file (BC-2005-02433.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02433
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 FEB 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

            a.    His records be corrected to reflect he received  the
Distinguished Flying Cross (DFC) with three Oak Leaf Clusters (OLCs).

            b.    His DD Form 214 be corrected to reflect his one year
of service in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is missing his second and third OLC for the DFC.  His DD  Form  214
lists his service in Vietnam as 150 days.  He was stationed in Vietnam
for at least one year.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 8 December 1955, the applicant enlisted in the  Regular  Air  Force
(RegAF) as an airman basic (AB) for a period of four years.

The Air Force (AF) Form 7 reflects  the  applicant  was  stationed  in
Vietnam from 15 March 1968 through 13 March 1969.

Special Order G-2132 dated 3 June 1969,  reflects  the  applicant  was
awarded the DFC for extraordinary achievement for his participation in
an aerial flight on 8 November 1968.

The applicant’s records reflect he was awarded the Good Conduct  Medal
(GCM), Air Force Longevity Service Award (AFLSA), GCM with two  Bronze
Loops, Small Arms Expert Marksmanship Ribbon (SAEMR), AFGCM  with  one
Bronze OLC, AFLSA with two Bronze OLCs, National Defense Service Medal
(NDSM), Air Medal (AM) with six OLCs,  AFGCM  with  two  Bronze  OLCs,
Vietnam Service Medal  (VSM)  with  10  Bronze  Service  Stars  (BSS),
Distinguished Flying  Cross  (DFC),  AFLSA  with  three  Bronze  OLCs,
Republic of Vietnam Gallantry Cross with Palm, AFLSA with  four  OLCs,
AFGCM with three OLCs.

The applicant retired on 1 January 1976, as a master sergeant  (MSgt).
He served 20 years and 23 days of active duty service.

On 10 November 2005, HQ AFPC/DPPRSP informed the applicant a  DD  Form
214 is only corrected when the information listed was incorrect at the
time of separation.  They further informed him his DD Form  214  dated
26 February 1972 reflected his overseas time as 1 year, 5  months  and
29 days; and that this entry covered his tour in Vietnam.

_________________________________________________________________

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.  The applicant has not provided any documentation to substantiate
his request.  Without  official  documents,  such  as  a  citation  or
special  order  HQ   AFPC/DPPPR   cannot   verify   that   a   written
recommendation for the DFC with  first  through  third  OLC  was  ever
submitted for him.  HQ AFPC/DPPPR further stated the  applicant’s  one
year service in Vietnam was verified by  his  DD  Form  214  dated  26
February 1972.  Therefore they recommend the applicant’s  request  for
award of the DFC three OLCs be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
23 November 2005, for review  and  response.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an error or  an  injustice.   We  took  note  of  the
documentation provided in support of the applicant’s request for award
the DFC with 3 OLCs and credit for his one year of service in Vietnam.
 As stated, the applicant’s foreign service appears to  be  accurately
reflected on his DD Form 214 dated 27 February  1972.   The  applicant
was awarded the DFC for his participation in an  aerial  flight  on  8
November 1968.   However,  after  thorough  review  of  the  available
personnel records, we found no evidence to verify he was eligible  for
or recommended for the DFC with first through third OLC;  nor  has  he
provided any  documentation  such  as  a  citation  or  special  order
reflecting he was awarded  the  DFC  with  first  through  third  OLC.
Therefore, in the absence of 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 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 not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-02433  in  Executive  Session  on  7  February  2006,  under  the
provisions of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 28 Jul 05, w/atchs.
      Exhibit B. Applicant’s Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, undated.
      Exhibit D. Letter, SAF/MRBR, dated 23 Nov 05.




                             JAMES W. RUSSELL III
                             Panel Chair

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