RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01304
                                             INDEX CODE:  100.00
      XXXXXXXXXX                        COUNSEL:  HAROLD G. MERCER

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  24 October 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Silver  Star  Medal  (SSM)  for  his  gallant  actions  on
15 December 1970.

________________________________________________________________

APPLICANT CONTENDS THAT:

Timely submission of the SSM was not made due  to  the  following:  (1)  co-
pilot on the mission was reassigned within several weeks  and  departed  the
theatre of operations; (2) change in command structure occurred  at  several
levels during the time frame of two major battles and the  15 December  1970
mission; (3) drawdown  of  US  forces  in  Southeast  Asia  (SEA);  and  (4)
exigencies of the mission and classified nature of the Rustic operations.

On 15 December 1970, he flew his first  night  Rustic  mission  in  an  O-2A
“Skymaster” as a newly assigned squadron commander of the 19th Tactical  Air
Support Squadron.  The Forward Air Controller (FAC) who accompanied  him  on
the mission was  awarded  the  SSM  based  on  his  recommendation  and  was
reassigned shortly thereafter.  However, the Seventh Air Force  subsequently
determined that no recommendations for the SSM would be  forwarded  to  that
headquarters under any circumstances.

In support of the appeal, the applicant’s counsel provides a statement  from
the former task force commander,  a  narrative  recommendation,  a  proposed
citation, his personal affidavit as a former Rustic and  the  unit’s  Awards
and Decorations Officer, and cites several previously approved AFBCMR  cases
involving similar requests from former Rustics.

The former task  force  commander  states  that  he  strongly  supports  the
request to award the applicant the SSM for his valorous actions in combat.





The FAC on the mission, who was awarded the SSM, states that  on  the  night
in question the applicant flew his first Rustic  mission  while  he  handled
the  radios  and  navigation.   On  that  night,  the   applicant’s   superb
airmanship, self control,  disregard  for  his  own  safety,  teamwork,  and
bravery were instrumental in saving the lives  of  many  Cambodian  soldiers
and resulted in significant losses by the enemy forces.   Despite  the  most
intense ground combat he had seen in his 10 months as an FAC and  the  first
the applicant had seen since his arrival in country, the  applicant  did  an
exceptional job helping repel a potentially  lethal  attack  by  a  superior
enemy ground force.  They experienced heavy  enemy  anti-aircraft  fire,  50
caliber machine gun and AK-47 fire, while the applicant was flying as  close
and as low as possible to the friendly positions.   During  this  time,  the
applicant kept his composure under fire and performed a most  dangerous  job
under very difficult circumstances.

The former unit Awards and Decorations officer  states  that  subsequent  to
the mission, he  was  advised  by  Seventh  Air  Force  personnel  that  SSM
recommendations were not to be forwarded to them  under  any  circumstances.
Prior to that time, only one SSM was ever awarded to anyone in the unit  and
that was the one recommended by the applicant for the FAC  that  accompanied
him  on  the  15 December  1970  mission.   He  further  states  there  were
irregularities within the awards and decorations system  that  prevailed  at
the time and that numerous DFC and AM submissions were either downgraded  or
lost.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a retired colonel who served in  the  Republic  of  Vietnam
(RVN) from 21 November 1970 through 31 December 1971 at Bien  Hoa  and  Phan
Rang Air Bases as an O-2A, OV-10A, O-1G,  and  EC-121D  pilot  and  squadron
commander in support of Rustic operations.  During this period he  completed
a total of 183 combat missions, totaling 475.3 combat hours,  for  which  he
was awarded two Distinguished Flying Crosses and eight Air Medals.

Headquarters Seventh Air Force special order G-1233,  dated  22 April  1971,
awarded the SSM to the co-pilot/FAC of  the  15 December  1970  mission  for
gallantry in action while serving with friendly foreign  forces  engaged  in
an armed conflict against an opposing armed force.



On 12 April 2004, the AFBCMR favorably considered a request  from  a  former
Rustic FAC OV-10 pilot to upgrade his Distinguished Flying  Cross  (DFC)  to
the SSM (Exhibit C).

________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or  an  injustice.   In  this  respect,  we  note  the
applicant is a former Rustic Forward Air Controller  (FAC)  O-2A  pilot  and
squadron commander.  The evidence  of  record  indicates  that  as  a  newly
assigned squadron commander, the applicant flew his first combat mission  in
Cambodia on the night of 15 December  1970  insuring  beleaguered  Cambodian
ground forces located north of Phnom Penh  received  tactical  air  support.
The Cambodian ground forces were  surrounded  by  a  superior  enemy  ground
force comprised  of  Khmer  Rouge  and  North  Vietnamese  regulars  and  in
imminent danger of being overrun.  Despite intense ground combat  and  heavy
enemy ground-to-air anti-aircraft fire, the applicant made  numerous  passes
in his unarmed Cessna aircraft.  With total disregard for his own safety  he
unselfishly remained in the area exposing himself to enemy fire,  flying  as
close and as low as possible  to  the  friendly  positions  on  the  ground,
marking enemy targets, and directing  repeated  tactical  air  strikes  with
extreme accuracy.  As a  result  of  his  gallantry,  a  potentially  lethal
attack by a superior enemy ground force was quelled,  saving  the  lives  of
many Cambodian soldiers and causing  enemy  forces  to  sustain  significant
losses.  The unit’s former Awards and Decorations Officer  states  the  only
SSM ever awarded to a member of their unit was the applicant’s  FAC  on  the
mission, which the applicant had recommended  for  the  award.   He  further
states that Seventh Air Force personnel subsequently advised  him  that  SSM
recommendations were not to be forwarded for their consideration  under  any
circumstances.  In view of this, and  since  the  FAC  on  the  mission  was
awarded the SSM for his actions on  that  night,  we  believe  it  would  be
unjust to deny the applicant, as the mission’s pilot,  similar  recognition.
In addition, this Board has considered several applications from members  of
the Rustic FAC units and found their true accomplishments were not known  at
the  time  they  were  considered  for  awards  because  their  duties  were
classified.  In view of the above findings, and noting  the  strong  support
from the former task force commander, we recommend his records be  corrected
to the extent indicated below.

________________________________________________________________
THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 22 April 1971, he was awarded  the
Silver Star Medal for  gallantry  in  action  while  serving  with  friendly
foreign forces engaged in an armed conflict against an opposing armed  force
on 15 December 1970.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01304 in Executive Session on 15 July 2007, under the provisions of AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. Michael K. Gallogly, Member
                  Mr. Wayne R. Gracie, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Mar 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.




                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-2007-01304




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, be corrected to show that on 22 April 1971, he was
awarded the Silver Star Medal for gallantry in action while serving with
friendly foreign forces engaged in an armed conflict against an opposing
armed force on 15 December 1970.











JOE G. LINEBERGER

Director

Air Force Review Boards Agency