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AF | BCMR | CY2007 | BC-2006-03571
Original file (BC-2006-03571.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03571
            INDEX CODE: 107.00

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to show he was awarded the Distinguished  Flying
Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has the original DFC he was awarded in Vietnam  during  1969.   His
pilot and navigator were also awarded the DFC for the same achievement
as their airplane took eight hits before landing on a foamed runway.

In support of his appeal, the applicant has provided a picture of  his
DFC along with a copy of his  DD  Form  214,  Report  of  Transfer  or
Discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty from 11  October  1965  to  11 October
1969.  He was progressively promoted to the grade  of  staff  sergeant
with a date of rank (DOR) of 1 January 1969.  While unable  to  verify
whether or not he was awarded the DFC, it has  been  verified  he  was
awarded the Air Medal (AM) from 30 January 1969 to 15 March 1969.  His
record is being corrected to reflect the award  of  the  AM.   He  was
honorably discharged after serving for four years.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the DFC may be awarded  to
any officer or enlisted member 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.
DPPPR was unable to  locate  official  documentation  (special  order,
citation, recommendation, etc.) to verify his entitlement to the  DFC.
Applicant has  not  provided  official  documentation  to  verify  his
entitlement to the DFC.

DPPPR’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 January 2006 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.   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. We note that his record is being corrected to show
award of an Air Medal (AM) not previously  reflected  in  his  record.
However,  the  applicant  was  unable   to   provide   the   necessary
documentation to be awarded the DFC.  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 applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2006-03571 in  Executive  Session  on  16  February  2007,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Patrick C. Daugherty, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Nov 06, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 4 Dec 06.
    Exhibit C.  Letter, SAF/MRBR, dated 22 Jan 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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