RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01676
            INDEX CODE:  107.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His recommendation for the Distinguished Flying Cross (DFC)  disapproved  in
1974, be reconsidered for approval.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His nomination package did meet the award criteria for the DFC.

The  level  of  responsibility  and  manner  of  performance   did   clearly
substantiate exceptional performance and outstanding airmanship  above  that
normally expected of professional  airmen  during  Operation  LINEBACKER  II
from 18 Dec 72 to 29 Dec 72.

In support of his request, applicant provided copies  of  his  DFC  citation
and the letter recommending disapproval of his DFC.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty in the Regular Air Force from     6  Nov  70
to 5 Nov 74; he served as a Flight Refueling Operator.
On 5 Nov 74, the applicant was released from active duty and transferred  to
the Air Force Reserve (AFRES).  He served 4 years on active duty.

Documentation provided by the applicant reflects that a citation  for  award
of the DFC was submitted to the PACAF  Awards  and  Decorations  Board;  the
Board disapproved the DFC and recommended no lesser decoration be awarded.

_________________________________________________________________

AIR FORCE EVALUATION:

On 12 Jun 07, AFPC/DPPPR provided an evaluation on the case that  was  later
determined  to  be  erroneous.   DPPPR  subsequently  provided   a   revised
evaluation on 17 Jul 07, that was forwarded to the applicant on 20  Jul  07.
In both of the DPPPR evaluations the recommendation was to deny  applicant’s
request for reconsideration of the DFC.  They stated  no  documentation  was
located in applicant’s record that verifies he was reconsidered  by  someone
in his Chain of Command for the DFC.

The following are current procedures  that  may  be  followed  to  submit  a
recommendation for a military decoration to include the DFC.   The  timeline
for submitting decorations is  two  years  from  the  date  of  the  act  or
achievement.   However,  under  the  Fiscal  Year  1996   National   Defense
Authorization Act (NDAA), Section 526, which was enacted into law on 10  Feb
96, this timeline, has now been waived.  Under this Act,  which  lifted  the
time limitations on submitting award recommendations, veterans who may  make
a  case  for  award  consideration  (or  upgrade  of  a  previously  awarded
decoration) not previously eligible because of these time  limits,  may  now
submit for award consideration.  However, the  written  recommendation  must
meet two criteria:  1) Be made by someone, other than  the  member  himself,
in the member’s chain of command at the time of the incident, and,  who  has
firsthand knowledge of the  acts  or  achievements;  and,  2)  be  submitted
through a congressional member who can ask a military service  to  review  a
proposal for a decoration based on the merits of the proposal and the  award
criteria in existence when the event occurred.

The DPPPR evaluations are at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

On 15 Jun 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date  no  response  has
been received.

On 20 Jul 07, a copy of the revised Air Force evaluation  was  forwarded  to
the applicant for review and comment.  To date,  a  response  has  not  been
received.

_________________________________________________________________

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  and  adopt  its
rationale as the basis for our decision that the  applicant  has  failed  to
sustain his burden that he has suffered either an  error  or  an  injustice.
The applicant’s heroism is noted and our decision  in  no  way  lessens  the
value of his military contributions, nor does it diminish  the  high  regard
we have for his service.  Nevertheless, in view of the  above,  we  find  no
basis to favorably consider his request for the DFC.   However,  should  the
applicant provide additional evidence  such  as  statements  from  personnel
with firsthand knowledge or orders showing other crew members  received  the
DFC, we will  look  at  this  documentation  for  possible  reconsideration.
Otherwise, in view  of  the  foregoing,  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 Docket Number    BC-2007-
01676 in Executive Session on 29 August 2007, under the provisions of AFI
36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Gregory A. Parker, Member
      Mr. Joseph D. Yount, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01676 was considered:

    Exhibit A.  DD Form 149, dated 17 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letters, AFPC/DPPPR, dated 12 Jun 07
                and 17 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 07.
    Exhibit E.  Letter, AFBCMR, dated 20 Jul 07.




                                             THOMAS S. MARKIEWICZ
                                             Chair