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 applicants 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 applicants
submission includes various statements attesting to the crucial
impact the applicants 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 applicants case has
merit, without a special order or signed recommendation, DPSIDR
must recommend denial of the applicants 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 5E709E7) 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 applicants request and
direct he be provided supplemental consideration, he would
remain a nonselect for cycles 05E707E7 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 applicants 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 applicants 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 applicants 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 applicants submission
is unsigned. Nonetheless, after careful review of the
applicants 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 applicants 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
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