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AF | BCMR | CY2007 | BC-2006-02913
Original file (BC-2006-02913.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02913
            INDEX CODE:  107.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 MARCH 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His C-130A crew flew several missions into  KHE  SANH,  Vietnam.   His  crew
flew during the “Siege of KHE SANH” in 1968, and his crew  was  awarded  the
DFC.

He suggests the Air Force review his former aircraft  commander’s  personnel
records for a copy of the Special Order, and that  this  order  should  also
have his name on it.

In support of  his  request,  applicant  provided  a  copy  of  his  Officer
Effectiveness Report (OER) covering the period 1 Apr 68 – 4 Oct 68.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned a second lieutenant in the Regular Air  Force  on
13 May 63.  He served as a  Navigator  and  was  progressively  promoted  to
grade of captain.  On 30 May 69, the  applicant  was  released  from  active
duty and transferred to the Air Force Reserve (AFRES).  He  served  6  years
and 18 days on active duty of which 2 years,  11  months,  and  6  days  was
Foreign Service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request  for  award  of  the
DFC.  After a review of the applicant’s military record,  they  were  unable
to locate an award or recommendation to verify his entitlement to the DFC.

The DFC is awarded to any officer or enlisted person of the Armed Forces  of
the United States who shall have distinguished her/himself in actual  combat
in support of operations by  “heroism  or  extraordinary  achievement  while
participating in an aerial flight, subsequent to 11 November 1918.

After a complete review of  the  applicant’s  former  commander’s  personnel
record, DPPPR was unable to verify the applicant’s name on the  DFC  Special
Order (G-1375) presented to his commander on  8 May 1968.  The DFC  citation
states the commander was flying a mission to An  Khe  Army  (South  Vietnam)
Airfield over hostile territory.

DPPPR was able to verify applicant’s entitlement to additional  Air  Medals,
the 4th thru 8th Oak Leaf  Clusters  from  Special  Order  G-1413,  and  the
National Defense Service Medal (NDSM) and has sent the applicant a  DD  Form
215, Correction to DD Form 214, to reflect his award of these medals.

The DPPPR evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 Dec 06, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.   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  to  warrant  awarding  the  DFC.   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 has not been the victim  of  an  error
or injustice.  Therefore, in the absence of evidence  to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

4.  The Air Force has verified the member’s entitlement  to  the  Air  Medal
4th thru 8th Oak Leaf Clusters and the National Defense Service  Medal,  and
has administratively corrected his records to include these medals.

_________________________________________________________________

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  Docket  Number     BC-2006-
02913 in Executive Session on 9 January 2007, under the  provisions  of  AFI
36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Ms. Mary C. Puckett, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
02913 was considered:

    Exhibit A.  DD Form 149, dated 16 Sep 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 6 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.




                                             KATHLEEN F. GRAHAM
                                             Panel Chair



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