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AF | BCMR | CY2008 | BC-2008-01070
Original file (BC-2008-01070.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: BC-2008-01070
                                        INDEX CODE:  107.00
      Xxxxxxxxxxxxxx                    COUNSEL:  NONE
                                        HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His citation for his Distinguished Flying Cross with One  Oak  Leaf  Cluster
(DFC w/1OLC) be reworded and he receive the 10  percent  additional  retired
pay.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His DFC w/1OLC citation, second sentence, should be reworded to  read:   "As
the aircraft approached the ship, it was pitching  and  rolling  because  of
the 25-35 feet waves and the beams, cables and ropes swinging  al  over  the
ship made the rescue approaches next to impossible.  There were  only  about
3-5 minute time to approach the ship to lower the P.M. to the deck and  then
back off again to try another approach.  It took approximately 4  1/2  hours
to complete the rescue.  His exemplary skills and knowledge enabled  him  to
successfully evacuate a seriously burned Merchant Seaman from  his  ship  to
hospital facilities ashore."

In support of his request, the applicant provides a copy of this DFC  w/1OLC
citation.  The applicant’s  complete  submission,  with  attachment,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Effective 1 Jul  77,  the  applicant  retired  in  the  grade  of  technical
sergeant.  He was credited with 22 years, 8  months  and  1  day  of  active
service for retirement.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial. AFPC/DPSIDR  states  they  do  not  have  the
authority to change the wording to an approved decoration.   On  3  Jun  04,
the Secretary of the Air Force authorized the  use  of  the  "V"  device  to
represent valor, on  the  DFC  awarded  for  heroism.   The  "V"  device  is
intended to clearly distinguish and denote a DFC awarded for  heroism.   Any
Air Force member or Veteran who was awarded the DFC for heroism on or  after
18 Sep 47 is now authorized  to  wear  the  "V"  device  on  the  DFC.   The
complete AFPC/DPSIDR is at Exhibit B.

SAF/MRBP recommends denial.  MRBP states  the  applicant  was  appropriately
recognized for  his  actions  on  the  mission  in  question  and  that  his
recommended  changes  while  probably  factually  correct,  do  not  justify
changing the citation or awarding the additional 10%  retirement  pay.   The
complete SAF/MRBP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  9
May 08 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  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   In
view of the above, we find no basis to favorably consider 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  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  Docket  Number  BC-2008-01070
in Executive Session on 28 Aug 08, under the provisions of AFI 36-2603:

      Mr. Wallace F. Beard, Jr., Panel Chair
      Ms. Dee R. Reardon, Member
      Ms. Karen A. Holloman, Member

The following documentary evidence pertaining to Docket Number BC-2008-
01070 was considered:

    Exhibit A.  DD Form 149, dated 18 Mar 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 17 Apr 08.
    Exhibit C.  Letter, SAF/MRBP, dated 6 Jun 08.
    Exhibit D.  Letter, SAF/MRBR, dated 9 May 08.





                                   WALLACE F. BEARD, JR.
                                   Panel Chair

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