RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02340
INDEX CODE: 107.00
(Deceased) COUNSEL: NONE
( - Widow)
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 Feb 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband’s DD Form 214 reflect award of the Silver Star.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband’s Officer Effectiveness Report (OER) closing 19 Aug
68 indicates he had been submitted for the SS. She discovered this
error while reviewing old military files.
In support of her request, applicant provided a copy of the member’s
DD Form 214, his OER, and his death certificate. The applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Originally authorized by Congress during World War I for Army
personnel and known in the Army as the “Citation Star,” the status of
the SS was further clarified when, in 1942, Congress authorized award
of the SS for gallantry in action but not of a degree to justify an
award of the Medal of Honor, the Navy or Air Force Cross, or the
Distinguished Service Cross. It is currently awarded for gallantry in
action to any Armed Forces person engaged in military operations
involving conflict with an opposing foreign force or while serving
with friendly forces against an apposing armed force in which the US
is not a belligerent party.
During the period in question, the member was a major assigned to the
362nd Tactical Electronic Warfare Squadron at Pleiku AB in Vietnam
serving as a senior pilot from 20 Aug 67 to 19 Aug 68. Section VII of
the OER for that period stated “he has been submitted for the Silver
Star.” Special Order G-2231, dated 25 Jul 68, awarded the member the
Distinguished Flying Cross (DFC) for heroism while participating in
aerial flight on 24 Apr 68. Special Order G-3277, dated 23 Oct 68,
awarded the member the Air Medal (AM) for meritorious achievement
while participating in aerial flight for the period 17 Dec 67 to
9 Oct 68.
The member retired in the grade of lieutenant colonel on 1 Aug 80
after 25 years, 10 months and 10 days of active service. His DD Form
214 reflects, among other decorations, receipt of the DFC, the
Meritorious Service Medal with First Oak Leaf Cluster (MSM 1OLC), the
AM with 9OLCs, the National Defense Service Medal (NDSM), the Vietnam
Service Medal (VSM), and the Republic of Vietnam Campaign Medal
(RVCM).
The member died on 6 Sep 93.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends denial because the member’s official record
does not reflect any documentation such as a citation, special order,
certificate, or decoration recommendation submitted by the
recommending official to substantiate the applicant’s claim.
The complete HQ AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 25 Aug 06 for review and comment within 30 days (Exhibit
D). 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. 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 conclusion that the applicant’s late husband was not the
victim of an error or injustice. We noted the comment in the member’s
19 Aug 68 OER indicating he had been “submitted for the Silver Star.”
He was awarded the DFC on 25 Jul 68 and the AM on 23 Oct 68. It is
possible the recommendation for the SS was downgraded to a DFC or an
AM. The OER for the following period, 20 Aug 68 - 14 Aug 69, reported
the member had been awarded the DFC for heroism, as well as AMs with 1-
7OLCs. Neither the applicant’s submission nor her late husband’s
available records support her claim that he was actually awarded the
SS. Further, in the 13 years between the late member’s discharge in
1980 and his death in 1993, he did not file an appeal contending his
records were in error in this respect. 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 this application in
Executive Session on 13 December 2006 under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Barbara R. Murray, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2006-02340 was considered:
Exhibit A. DD Form 149, dated 26 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 10 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 06.
JAMES W. RUSSELL III
Panel Chair
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