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AF | BCMR | CY2011 | BC-2011-01300
Original file (BC-2011-01300.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2011-01300
      COUNSEL: NONE
	                   			HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT: 

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his award of the Distinguished Flying Cross (DFC).  

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the DFC for extraordinary achievement while participating in aerial flight on 29 May 1969, per Special Order G-2304, dated 17 July 1971.  

In support of his appeal, the applicant provides copies of his DD Form 214, a Command Award Element letter, and his DFC certificate.  

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 22 July 1966 to 21 July 1970.  According to records provided by the applicant, he was awarded the DFC for distinguishing himself by extraordinary achievement while participating in aerial flight as a C-47 Airborne Morse Systems Operator at Tan Son Nhut Air Base, Republic of Vietnam on 29 May 1969.  

On 15 June 2011, the applicant requested an extension of time to reply to the opinion provided by the Air Force office of primary responsibility.  Since the Board does not grant requests for extensions, he was notified his case was closed until he was ready to proceed with his appeal.  

On 17 October 2012, the applicant requested his case be reopened indicating he was providing new evidence to establish his claim; however, he did not attach the new evidence with his letter.  

After being notified by the Board of his oversight, the applicant responded on 25 November 2012 and provided additional supporting documentation (Exhibit I). 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR indicates the official source document to verify an Air Force decoration is the Special Order.  The applicant provided what appears to be an official DFC certificate; however, no official source document (Special Order) was provided or could be located in his personnel records to verify his entitlement to the DFC.  Although there is strong evidence to support the applicant was awarded the DFC, they are unable to locate the official source document to substantiate the award.   

The complete DPSIDR evaluation is at Exhibit C.  

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

While attending a reunion of his unit in September, he was able to obtain additional documentation needed to verify his award of the DFC, along with two notarized statements from members who served with him and also received the DFC.  Therefore, he is providing copies of his DFC Special Order and certificate, along with the notarized statements from the service members.  

A copy of the applicant’s complete rebuttal, with attachments, is at Exhibit I.  

_________________________________________________________________

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 correction of the applicant’s record to reflect award of the DFC.  Based on the fact that the applicant was able to procure and provide a copy of the pertinent Special Order proving his award of the DFC, we recommend the applicant’s record be corrected as indicated below.  

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records relating to APPLICANT, be corrected to show that Item 34, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, of the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 21 July 1970 separation, be amended to include, the Distinguished Flying Cross.  

_________________________________________________________________

The following members of the Board considered Docket Number BC-2011-01300 in Executive Session on 23 July 2013, 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-2011-01300 was considered:

    Exhibit A.  DD Form 149, dated 9 Apr 11, w/atchs.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 12 May 11.
    Exhibit D.  Letter, SAF/MRBR, dated 20 May 11.
    Exhibit E.  Letter, Applicant, dated 15 June 11.
    Exhibit F.  Letter, AFBCMR, dated 28 Jun 11.
    Exhibit G.  Letter, Applicant, dated 17 Oct 12.
    Exhibit H.  Letter, AFBCMR, dated 4 Dec 12.
    Exhibit I.  Letter, Applicant, dated 25 Nov 12, w/atchs.




                     
Panel Chair




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