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AF | BCMR | CY2006 | BC-2006-02340
Original file (BC-2006-02340.doc) Auto-classification: Denied


                            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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