RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03598 

COUNSEL: NO 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Distinguished Flying Cross (DFC). 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

After leaving Vietnam, he elected to leave active duty service 
before arriving at his next duty station; therefore, he did not 
turn in the DFC award documentation from his unit commander, that 
he was hand-carrying to his next duty station. After returning 
home, he solicited help from his congressman to obtain the DFC; 
however, his congressman did not want to get involved during that 
timeframe due to the unpopularity of the Vietnam War. 

 

In support of his appeal, the applicant provides a personal 
statement, and copies of his DFC award documentation package and 
his DD Form 214, Report of Separation from Active Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Army who served 
on active duty from 27 July 1966 to 17 May 1974. He served as a 
helicopter pilot and was promoted to the grade of captain (O-3) 
with a date of rank of 1 April 1971. The applicant served with 
the Air Force Advisory Team from 29 February 1972 to 23 February 
1973 for which he was recommended for the Air Force DFC. 

 

The remaining relevant facts, extracted from the applicant’s 
military service records are contained in the evaluation provided 
by the Air Force office of primary responsibility at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends disapproval. DPSIDR states that the DFC, 
authorized by an Act of Congress on 2 July 1926, amended by 
Executive Order 7786 on 8 January 1938, is awarded to any officer 
or enlisted person of the Armed Forces of the United States who 


shall have distinguished himself/herself in actual combat in 
support of operations by heroism or extraordinary achievement 
while participating in aerial flight, subsequent to 11 November 
1918. 

 

DPSIDR states that after a thorough review of the applicant’s 
military personnel record, they were unable to locate a special 
order or any other documentation verifying the applicant’s award 
of the DFC. He has twice submitted his request through a 
congressional representative. The first request was returned 
without action due to insufficient documentation. The second 
request was returned without action by the Secretary of the Air 
Force Personnel Council (SAFPC) for lack of sufficient 
documentation (eyewitness statements, chain of command 
endorsements, proposed citation, and written concurrence of 
member or next of kin) in accordance with the 1966 National 
Defense Authorization Act (NDAA) rules. In his appeal, the 
applicant has provided a citation without a special order for 
award of the DFC for extraordinary achievement while 
participating in aerial flight on 26 August 1972 and an undated 
Air Force Form 642, Recommendation for Decoration, outlining 
extraordinary achievement from 29 February 1972 to 28 February 
1973. He states he is unable to produce eyewitness statements 
and chain of command endorsements. 

 

DPSIDR states they are unable to determine if the applicant is 
making a request for award of the DFC based on a single act 
talking place on 26 August 1972, the period covering 29 February 
1972 to 28 February 1973, or both. The applicant has not 
submitted sufficient documentation for award of the DFC outlined 
per the 1966 NDAA rules; therefore, they must recommend 
disapproval. However, if the Board decides to grant the relief 
sought, the record should be corrected to show the requested 
action. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

In reference to the Air Force advisory opinion, he agrees with 
the opinion in that the decoration paperwork was never submitted 
which was stated on day one of this process. As he has indicated 
several times, eyewitnesses are most likely dead or in prison in 
Vietnam, his chain of command endorsements have always been on 
the Air Force Form 642, and the proposed citation was included 
with the Air Force Form 642. At this point he is willing to 
accept the DFC for either or both of the periods indicated. 

 

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

 

_________________________________________________________________ 


 

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 error or injustice warranting the 
award of the DFC. In this respect, we note the applicant’s chain 
of command recommended him for award of the DFC for his 
extraordinary achievement while participating in aerial flight as 
a tactical combat crewman in Southeast Asia. We further note the 
applicant’s contention that he was hand-carrying his DFC award 
package to his next duty assignment for presentation when he 
decided to separate from the Army before arriving at his next 
duty station. Thus, he never received the DFC. Since the 
applicant has provided copies of the DFC award elements, we have 
no reason to doubt this assertion. Therefore, the Board believes 
that in view of the evidence provided and the applicant’s 
accomplishments in the service of the Nation, and to preclude a 
possibility of an injustice, any doubt in this matter should be 
resolved in the applicant’s favor. Accordingly, we recommend 
that his records be corrected as indicated below. 

 

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 issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records relating to the APPLICANT be 
corrected to show that he was awarded the Distinguished Flying 
Cross for extraordinary achievement, while participating in 
aerial flight with the 239th Helicopter Squadron, 1st Air 
Division, Vietnamese Air Force, Republic of Vietnam on 26 August 
1972. 

________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2010-03598 in Executive Session on 28 June 2011, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2010-
03598 was considered: 

 

 Exhibit A. DD Form 149, dated 31 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 1 Nov 10. 

 Exhibit D. Letter, SAF/MRBR, dated 26 Nov 10. 

 Exhibit E. Letter, Applicant, dated 20 Dec 10. 

 

 

 

 

Panel Chair