Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-03002
Original file (BC-2011-03002.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03002 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be awarded the Distinguished Flying Cross (DFC) for 
heroism as of 1 Jun 2004. 

 

2. He be retroactively promoted to Master Sergeant on the 
2008E7 Promotion Board. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was the only aircrew member on a 23 March 2003 combat mission 
who did not receive the DFC. He was inadvertently omitted from 
the award package because he was embedded in the aircrew from a 
different unit than the other crew members. 

 

Once the error was identified, an award package submitting him 
for the DFC was generated on two separate occasions but was lost 
or destroyed on both occasions. 

 

Had he received the DFC when the other crew members did, he 
would have been selected for promotion to master sergeant (E-7) 
during the 2008 E7 promotion cycle. A decoration of this 
magnitude could have easily advanced him to the rank of senior 
master sergeant and possibly chief master sergeant. Therefore, 
he deserves to be a retired in the grade of master sergeant, 
with associated pay and benefits. 

 

In support of his request, the applicant provides copies of a 
photograph of the aircrew in question, special orders reflecting 
the award of the DFC to the other aircrew members, unsigned 
documentation related to his submission for the DFC, his 
weighted airman promotion system score notice for the contested 
promotion cycle, and several supporting statements attesting to 
the essential role he played as a Pararescue aircrew member and 
sole Personnel Recovery (PR) asset on a MC-130 aircraft 
infiltrating Special Operations Forces (SOF) into Northern Iraq 
on the first night of Operation IRAQI FREEDOM, his actions 
maintaining calm aboard the aircraft and ensuring physical and 
mental readiness of air crew members and infiltration troops in 


the face of heavy anti-aircraft artillery, his efforts 
supporting the expeditious offload of combat troops and 
equipment in the dark, and his efforts in the years following 
the mission to submit the proper recommendation through command 
channels for the requested decoration. 

 

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

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

From 17 Jan 2003 to 16 Jan 2004, the applicant was an AF 
pararescue aircrew member assigned to the 321st Special Tactics 
Squadron (AFSOC), RAF Mildenhall, United Kingdom. During that 
period his EPR states he “Infiltrated by C-130 under enemy fire 
into Northern Iraq! Established airfield and fortified medical 
facilities.” 

 

The DFC is awarded to any officer or enlisted person who 
distinguished her/himself in actual combat in support of 
operations by heroism or extraordinary achievement while 
participating in an aerial flight. 

 

On 23 Feb 2004, the applicant received the Air Medal for the 
period from 19 Mar 2003 to 13 April 2003 for airmanship and 
courage during 10 low level combat missions. 

 

The applicant was selected for promotion to the grade of master 
sergeant (E-7) during the 2010 E7 promotion cycle, but turned 
down the promotion and retired on 1 Dec 2010. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits C, D, and E. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial due to the lack of a special order 
or signed recommendation for the DFC. While the applicant’s 
submission includes various statements attesting to the crucial 
impact the applicant’s professional and decisive actions had on 
the mission in question, there was no evidence located in his 
master personnel records that he was awarded the DFC, nor was 
there any signed, official documentation indicating that he was 
recommended for the DFC. Although the applicant’s case has 
merit, without a special order or signed recommendation, DPSIDR 
must recommend denial of the applicant’s request. 

 

A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. 

 


AFPC/DPSOE states that had the applicant been awarded the DFC on 
1 Jun 04 with the rest of the aircrew, the first time the 
contested decoration (worth 7 points) would have been used in 
the promotion process was cycle 05E7 to MSgt. The applicant was 
considered and nonselected for promotion to MSgt five times 
(cycles 5E7—09E7) before becoming a select for cycle 10E7. He 
received PSN 71.0 which incremented 1 Aug 10; however, applicant 
chose to retire effective 1 Dec 10 instead of accepting the 
stripe. Should the board grant the applicant’s request and 
direct he be provided supplemental consideration, he would 
remain a nonselect for cycles 05E7—07E7 as his scores would not 
be sufficient to meet the cutoff score required for promotion. 
He would, however, become a select for cycle 08E7. He would 
receive promotion sequence number 753.9, which incremented 
1 Sep 08. 

 

A complete copy of the AFPC/DPSOE evaluation is at Exhibit D. 

 

AFPC/DPSOR recommends denial noting the applicant’s request for 
the DFC is untimely. The incident resulting in the award of the 
DFC to other crewmembers was 23 Mar 03; other crewmembers 
received the DFC on 1 Jun 04. The Air Force will only be able 
to retire the applicant in the grade of MSgt if the Board awards 
him the DFC and directs supplemental promotion consideration 
which results in his promotion to MSgt. We defer to AFPC/DPSIDR 
concerning award of the DFC but ask the Board to take note of 
the many unsigned documents presented as evidence. 

 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant refutes virtually every point described in the Air 
Force evaluations and provides copies of additional 
documentation intended to demonstrate that he exercised due 
diligence in attempting to correct the record by repeatedly 
attempting to submit the required recommendation through command 
channels, only for the submissions to be lost or destroyed. In 
support of his response, the applicant provides additional 
supporting statements attesting to the existence of these 
recommendations and describing the environment at his unit which 
probably contributed to their loss. 

 

The applicant’s complete response, including attachments, is at 
Exhibit F. 

 

________________________________________________________________ 

 

 

 


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 an error or injustice warranting 
correction of the applicant’s records to reflect his entitlement 
to the Distinguished Flying Cross (DFC). We note the comments 
of the Air Force office of primary responsibility indicating 
that a special order or signed recommendation stating the 
applicant was to be awarded the DFC could not be located, and 
that the recommendation included in the applicant’s submission 
is unsigned. Nonetheless, after careful review of the 
applicant’s complete submission, to include the many supporting 
statements indicating that, for whatever reason, the applicant 
was the only member of the aircrew on the UGLY BABY mission who 
did not receive the DFC, we believe it would be in the interest 
of equity and justice to award the applicant the DFC. We also 
note the applicant would have been selected for promotion to the 
grade of master sergeant (E-7), effective and with a date of 
rank of 1 Aug 08, had this decoration been part of his military 
personnel records. Therefore, in view of this and to preclude 
the possibility of an injustice to the applicant, we believe it 
appropriate to correct the records to reflect he was so promoted 
and that he retired in that grade, effective 1 Dec 10. As for 
the applicant’s contention that he could have had an opportunity 
to compete for further promotions had the requested decoration 
been approved, we find these assertions speculative, and 
speculation is not a basis for granting any additional relief 
beyond that recommended below. 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that: 

 

 a. He was awarded the Distinguished Flying Cross for 
heroism on 22 March 2003 while participating in aerial flight as 
a MC-130H Personnel Recover/Casualty Evacuation Coordinator in 
Northern Iraq during Operation IRAQI FREEDOM. 

 

 b. He was selected for promotion to the grade of master 
sergeant (E-7), effective and with a date of rank of 1 September 
2008 and that he retired in that grade on 1 December 2010. 

________________________________________________________________ 

 

 


The following members of the Board considered AFBCMR Docket 
Number BC-2011-03002 in Executive Session on 9 February 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chief 

 , Member 

 , Member 

 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 12 June 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIDR, dated 14 Sep 11. 

 Exhibit D. Letter, HQ AFPC/DPSOE, dated 18 Oct 11. 

 Exhibit E. Letter, HQ AFPC/DPSOR, dated 7 Nov 11, 

 w/atchs. 

 Exhibit F. Letter, SAF/MRBR, dated 18 Nov 11. 

 Exhibit G. Letter, Applicant, dated 10 Dec 11, w/atchs. 

 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2008 | BC-2007-04010

    Original file (BC-2007-04010.doc) Auto-classification: Denied

    He would have been promoted; however, the referral EPR was not removed from his record until after he retired. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOE recommends denial. We took notice of the applicant's complete submission in...

  • AF | BCMR | CY2010 | BC-2009-02522

    Original file (BC-2009-02522.doc) Auto-classification: Denied

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C & D. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR notes the VMPF data printout provided by the applicant indicates an MSM was approved on 2 Jul 01 by Special Order (SO) GC-283; however, the official SO 283...

  • AF | BCMR | CY2006 | BC-2005-02799

    Original file (BC-2005-02799.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPWB advised that the applicant was erroneously considered, tested, and selected for promotion to MSgt during cycle 05E7 in AFSC 2T1X1. Based on the 14 Dec 04 promotion testing notification, and data listed in the MilPDS and the WAPS, the applicant was erroneously considered, tested, and selected for promotion in his 2T AFSC to MSgt during cycle 05E7. We therefore recommend he be provided...

  • AF | BCMR | CY2011 | BC-2010-02438

    Original file (BC-2010-02438.doc) Auto-classification: Denied

    He receive service credit for the period following his medical retirement to the date of his return to active duty. The evidence of record indicates that he was medically qualified for continued active service at the time he was processed for an MEB. Had he known of the errors and injustices at the time of the MEB, he would not have agreed to the FPEB recommendation of medical retirement.

  • AF | BCMR | CY2009 | BC-2008-02531

    Original file (BC-2008-02531.DOC) Auto-classification: Denied

    On 31 July 2007, the applicant retired in the grade of TSgt after serving 20 years and 6 months on active duty, _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial. Furthermore, had the request for a waiver been approved, which would have been no more than a deferment requiring completion of PME within 179 days of pin-on, she would also have had to serve a two-year active duty service commitment in order to retire in that...

  • AF | BCMR | CY2012 | BC-2012-01934

    Original file (BC-2012-01934.txt) Auto-classification: Denied

    On 10 Oct 06, the applicant received an MSM (2OLC) for retirement for the period 18 Nov 05 through 30 Nov 06. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request to reinstate the MSM for retirement indicating there is no...

  • AF | BCMR | CY2014 | BC 2014 03240

    Original file (BC 2014 03240.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSIDR recommends granting relief to change the RDP date and Given Under Hand date of the applicant’s 14 Nov 13 AFCM, indicating there is evidence of an error or injustice. It is recommended the Board grant the applicant’s request and determine an appropriate RDP...

  • AF | BCMR | CY2009 | BC-2008-03785

    Original file (BC-2008-03785.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03785 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His request for retirement effective 1 Jun 09 be withdrawn, and his promotion sequence number for promotion to the grade of master sergeant be reinstated. ________________________________________________________________ STATEMENT OF...

  • AF | BCMR | CY2009 | BC-2008-01397

    Original file (BC-2008-01397.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01397 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he was discharged in the grade of staff sergeant (SSgt), rather than senior airman (SrA); and that he was entitled to the Purple Heart, Bronze Star Medal with Valor (BSM w/V), Air Force...

  • AF | BCMR | CY2013 | BC 2012 05097

    Original file (BC 2012 05097.txt) Auto-classification: Denied

    A complete copy of the SAF/MRBP evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his argument that he would have been selected for promotion to master sergeant if credited with the Air Medal. As for the applicant’s request that he be promoted to the grade of master sergeant (E-7), in view of the fact that we have determined there is no basis to recommend granting the AM, we find...