RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01451
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 December 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Silver Star (SS)
Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive the appropriate recognition for his efforts at Lima
Site 85 in 1968. He was informed by his commander that he was
recommended for the award, but the paperwork was lost.
In support of his request, applicant submits through his congressman’s
office excepts from his military personnel records, a United States
Senate, Report of Proceedings, Special Order GB-178, an unclassified
copy of the Contemporary Historical Examination of Current Operations
(CHECO) Report, a copy of his memoirs on Lima Site 85, DD Forms 214,
Report of Separation from the Armed Forces of the United States and
documentation of the destruction of Lima Site 85.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
He enlisted in the Regular Air Force on 24 September 1952 and was
commissioned as an officer on 2 June 1954. He was progressively
promoted to the grade of major and permanently retired by reason of
physical disability on 18 December 1972. He served a total of 20
years, 2 months and 25 days active duty service.
He was awarded the Purple Heart Medal, Air Force Commendation Medal,
Republic of Vietnam Campaign Medal, of Republic of Vietnam Service
Medal and the National Defense Service Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states the applicant was sent the
1996 National Defense Authorization Act (NDAA) rules on 8 May 2006,
for applying for decorations. He resubmitted his DD Form 149,
Application for Correction of Military Records, without the required
documentation, which is a signed recommendation, and proposed citation
that is needed for applying for all Air Force decorations.
The DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted evidence through his Senator’s office, which
included a copy of a DVD entitled NBC “NOW” Broadcast, “Secret War on
Laos – Lima Site 85”.
His complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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 SS is warranted. While it appears he participated
in operations supporting Lima Site 85, he has provided no
documentation to support his contention that he was recommended for
award of the SS. Should he provide such evidence, the Board will
reconsider his request at that time. The personal sacrifice the
applicant has endured for his country is noted and our decision should
in no way lessen his service; however, insufficient documentary
evidence has been presented to warrant awarding him the SS.
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 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-2006-
01451 in Executive Session on 2 August 2006, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Renee M. Collier, Member
Mr. John E. B. Smith, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 20 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
Exhibit E. Letter, Sen McCain, dated 23 Jun 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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