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Decision Text

AF | BCMR | CY2009 | BC-2009-04056-2
Original file (BC-2009-04056-2.txt) Auto-classification: Denied
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2009-04056-2
      
  							COUNSEL: NONE
				
								HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT: 

His records be corrected to reflect he was awarded the 
Distinguished Flying Cross for his service in Vietnam.

________________________________________________________________

RESUME OF CASE:

A similar appeal was considered and denied by the Board on 
20 October 2010.  For an accounting of the facts and 
circumstances surrounding the applicant’s request for the award 
of the Distinguished Flying Cross; and, the rationale of the 
earlier decision by the Board, see the Record of Proceedings 
(ROP) at Exhibit D.  

On 21 February 2013, the applicant submitted a request for 
reconsideration.  As new evidence in support of his request, he 
submits a personal statement, witness statements, his unit’s 
historical data, temporary duty orders, a photograph and 
citations from other unit members who received the DFC.  

The applicant’s complete submission, with attachments, is at 
Exhibit E.

________________________________________________________________

THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined that there was 
insufficient evidence to warrant corrective action.  After 
thoroughly reviewing the additional documentation submitted in 
support of the appeal and the evidence of record, we do not find 
the additional submitted documentation conclusively shows he is 
entitled to the relief he seeks.  The personal sacrifice the 
applicant endured for our country is noted; however, 
insufficient evidence has been presented to warrant award of the 
Distinguished Flying Cross.  Therefore, in view of the above, 
and in the absence of evidence to the contrary, we find no basis 
upon which to recommend favorable consideration of the 
applicant’s request.  

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 issues 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-2009-04056 in Executive Session on 15 October 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

     Exhibit D.  Record of Proceedings, dated 20 Oct 10, 
	            with Exhibits A through C.
     Exhibit E.  Applicant’s Letter, dated 28 Jan 13, w/atchs.


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