RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01840
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
__
APPLICANT REQUESTS THAT:
1. He be entitled to the Distinguished Flying Cross (DFC) for a
mission he flew over Laos (Operation Field Goal).
2. He be entitled to the DFC for a mission he flew during the
Cuban Missile Crisis.
________________________________________________________________
__
APPLICANT CONTENDS THAT:
It is possible he was not awarded the aforementioned awards due
to the Secret classification, administrative errors, or loss
of the recommendations.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
__
STATEMENT OF FACTS:
According to information provided by the Air Force office of
primary responsibility (OPR), the applicant served as a pilot in
the Air Force between 27 Apr 1957 and 25 Jul 1967.
A recommendation for the DFC was submitted for the Cuba Missile
Crisis mission in accordance with Title 10, U.S.C. Section 1130,
to the Secretary of the Air Force Personnel Council (SAFPC)
Awards and Decorations Board. The board returned the request
without action because the package was missing chain of command
endorsements.
The applicant's chain of command resubmitted the recommendation,
however, on 22 Sep 2009, the SAFPC Awards and Decorations Board
determined, that although the recommendation was commendable, it
did not meet the requirements for the DFC. The applicant was
approved for award of the Air Medal (AM) with a second bronze
oak leaf clusters (w/2OLC) for the Cuban Missile Crisis mission.
On 16 Mar 2010, the request for award of the DFC was
resubmitted; however, no new evidence or supporting
documentation was presented in order to reconsider the request.
The DFC is awarded to any officer or enlisted person of the
Armed Forces of the United States who distinguished himself in
actual combat in support of operations by heroism or
extraordinary achievement while participating in an aerial
flight, subsequent to 11 Nov 1918.
The AM is awarded to U.S. military and civilian personnel for
single acts of heroism or meritorious achievements while
participating in aerial flight and foreign military personnel in
actual combat in support of operations. Required achievement is
less than that required for the DFC, but must be accomplished
with distinction above and beyond that expected of professional
airmen.
________________________________________________________________
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AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states the SAFPC Awards and
Decorations Board has considered the request twice and
disapproved/downgraded the recommendation to an AM.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He was very disappointed that DPSID recommended that his request
for the Cuban Crisis mission be denied. He asserts that DPSIDs
statement On 16 Mar 2010, the request for award of the DFC was
resubmitted; however, no new evidence or supporting
documentation was presented in order to reconsider the request,"
is not true. He provides additional documentation that was
submitted through his congressmans office on 16 Mar 2010 to
SAFPC. He is astounded that documents have been lost,
misplaced, or not considered regarding the recommendations for
his DFCs for the Laos mission and for the Cuban Missile Crisis
mission.
In Apr 1961 he volunteered to go on a Secret mission as a
reconnaissance pilot. The photographic imagery that he acquired
on 28 Apr 1961 over the Plain of Jars was of such vital interest
that he was to be recommended for a DFC for the mission. He was
later transferred to the United States and had no way of
checking on the status of the DFC. However, the Photo
Interpreter who was in Laos said he would resubmit the DFC
recommendation.
The loss of his DFC recommendation for the Cuban Missile Crisis
mission was very similar. Shortly after the Cuban Crisis his
squadron commander transferred and he was also transferred to
Europe. Shortly after his return to the United States, he was
separated from the Air Force with a subsequent inter service
transfer to the Marine Corps. Throughout all the changes in
status and assignments and the years that passed, he had no idea
of how he could ever trace the recommendations until he became
aware that his congressman could assist him. Since then his
congressman has been assisting him in an effort to receive the
lost recommendations. He respectfully requests that the Board
correct his record and entitle him to the DFC for the Laos
mission and the DFC for the Cuban Crisis mission. In further
support of his appeal, the applicant provides several Exhibits.
The applicants complete submission, 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After
thoroughly reviewing the evidence of record and the applicants
response to the Air Force evaluation, we are not persuaded the
requested relief should be granted. Therefore, we agree with
the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for
our conclusion the applicant has not been the victim of an error
or injustice. We note the applicant disagrees with DPSID and
contends that he did provide new evidence through his
congressmans office on 16 Mar 2010 to SAFPC. However,
according to SAFPC, they previously considered and reviewed both
DFC requests for the Cuban Missile Crisis mission he submitted
in 2009 and 2010 and confirmed all documents were included for
their review and consideration. Regarding his request for the
DFC for the Laos mission, although he and another pilot provided
statements on the Laos mission, he has not provided evidence
that other airmen received the DFC and how it was improper that
he did not receive the DFC for similar or identical missions
during the same period. Should the applicant provide the
evidence noted above we would be willing to review his case for
possible reconsideration. In view of the above and in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
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The following members of the Board considered Docket Number BC-
2012-01840 in Executive Session on 26 Feb 2013, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 May 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 30 Jul 2012.
Exhibit D. Letter, SAF/MRBR, dated 22 Aug 2012.
Exhibit E. Letter, Applicant, dated 4 Sep 2012, w/atchs.
Acting Panel Chair
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