RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05097

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect he was awarded the Air Medal (AM).
  
2.  His promotion to the grade of master sergeant (E-7) during promotion cycle 80A7 be reconsidered based on his entitlement to the award of the AM.  

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APPLICANT CONTENDS THAT:

1.  He was not credited with an AM in recognition of more than 11 missions he flew in as a member of a selected aircrew in top secret military operations throughout Southeast Asia.  

2.  He would have been promoted to master sergeant (E-7) during promotion cycle 80A7 had he been credited with the AM.  

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

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 17 November 1960.

On 16 August 1967, an aeronautical order indicated the applicant was designated as a non-crew member to participate frequently and regularly in aerial flights for the period 9 August 1967 to 29 February 1968.

In August 1967 through January 1968, according to PACAF Form 20, the applicant flew a total of 11 missions in Vietnam. 

On 30 September 1967, an AF Form 626, Temporary Duty Order-Military, indicated that effective on or about 1 October 1967, for approximately 10 days the applicant traveled from Naha Air Base, Okinawa to Bangkok International, Thailand and return to Naha Air Base, Okinawa.  

On 16 November 1966, Headquarters United States Air Force approved revision to the special AM criteria for sustained aerial activities in Southeast Asia operations.  The new criteria for combat support category required only 10 missions if flown over North Vietnam.  

On 3 January 1968, an aeronautical order indicated the applicant was designated as a non-crew member to participate regularly and frequently in aerial flights during the period 8 January 1968 to 29 February 1968.  

On 23 June 1969, according to a special order, the applicant was awarded the Presidential Unit Citation for extraordinary gallantry in connection with military operations from 8 August 1967 to 7 August 1968.  

On 11 June 1979, the promotion selections to master sergeant (E-7) were released and the applicant was non-selected for promotion to E-7 during promotion cycle 80A7.  He received a total weighed promotion score of 328.36 points and the score required for selection in his Air Force Specialty Code (AFSC) was 329.14, a difference of less than one point. 

On 30 November 1980, the applicant was relieved from active duty and retired, effective 1 December 1980, and was credited with 20 years and 14 days of total active service.  

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for award of the AM.  An AM may be awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 September 1939, distinguishes himself or herself by meritorious achievement while participating in an aerial fight.  It may be awarded for combat or non-combat action in recognition of single acts of valor, heroism, or merit while participating in an aerial flight.  In this case, there is no official documentation verifying the applicant was recommended for and awarded the AM.  Additionally, all avenues have not been exhausted for retroactive requests for the award, as well as, the request for consideration is incomplete.  The retroactive recommendations for awards for retirees/veterans beyond 2 year time limitation must be submitted in accordance with Title 10, § 1130, United States Code.  The law allows for the submission of an award recommendation (and the upgrading of previously approved awards) without regard to any previously imposed time constraints for submission if referred by a Member of Congress through the Secretary of the Air Force Legislative Liaison Office (SAF/LL).  To be reasonably considered, the following is suggested:  (1) a reconstructed award recommendation containing information pertaining to the Airman and his unit of assignment during the period for which the Airman is being recognized and clearly identifying what award is being recommended, (2) A narrative citation of the action(s) for which the Airman is being recognized, and (3) Eyewitness statements attesting to the act(s) of valor or service performed, sworn affidavits, and any other related documentation.  Generally, corroborating evidence is best provided by former commanders, leaders, and fellow comrades who had personal knowledge of the circumstances and events relative to the recommendation.  The record is absent compliance with the provisions of Title 10, § 1130, United States Code.  

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

AFPC/DPSOE recommends denial of the applicant’s request for promotion consideration to master sergeant (E-7), based upon AFPC/DPSID denial of the applicant’s request for award of the AM.  Members selected for promotion are assigned a promotion sequence number (PSN) based on their date of rank (DOR), total federal military service date (TAFMSD), and date of birth (DOB).  The promotion history files (specifically, a select list) for promotion cycle 80A7 are no longer available.  Consequently, the applicant’s promotion sequence number (PSN) and month his PSN would have been incremented cannot be determined.  If the Board grants relief and directs the applicant’s promotion to E-7, his DOR must also be determined.  

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

SAF/MRBP recommends approval of the applicant’s request for award of the AM.  Although he does not have a referral from Congress or a citation indicating his participation in aerial flights over North Vietnam, he has a signed PACAF Form 20, signed by his operations officers, which reflects he flew a total of 11 missions from August 1967 to January 1968.  He participated in these operations from Naha Air Base, Okinawa to Kadena Air Base and from there to Southeast Asia.  In addition, he has two aeronautical orders, a temporary duty order, which indicate the number of missions required for AM consideration.  

A complete copy of the SAF/MRBP evaluation is at Exhibit E.

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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 such, he would have retired in the grade of E-7 instead of E-6.  


A complete copy of applicant’s response is at Exhibit G.

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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 an error or injustice.  The applicant contends that he was not credited with an Air Medal (AM) in recognition of his participation, as a member of a selected aircrew, in more than 11 secret military missions flown throughout Southeast Asia.  However, after a thorough review of the evidence of record and the applicant’s complete submission, including his response to the Air Force evaluations, we are not convinced he should have been awarded the AM.  While we note the comments of SAF/MRBP indicating the applicant’s records indicate he flew 11 missions over Southeast Asia and relief should therefore be granted, we are not convinced that said missions meet the criteria for award of the AM.  In this respect, we note that in order to qualify for award of the AM, a member must have participated in at least ten missions over North Vietnam; however, the PACAF Form 20 provided by the applicant only substantiates that said missions were flown over “Vietnam” and therefore provides no basis for us to determine with any certainty which of these missions were flown over North Vietnam or South Vietnam.  Therefore, we do not find the evidence presented sufficient to conclude the applicant should have been awarded the AM.  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 the request related to promotion is moot.  Therefore, absent persuasive evidence the applicant participated in a minimum of 10 aerial flights over North Vietnam, we find no basis to disturb the existing record.  

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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 AFBCMR Docket Number BC-2012-05097 in Executive Session on 29 August 2013, 1 October 2013, and 18 October 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 October 2012, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 3 January 2013, 
                 w/atchs.
     Exhibit D.  Letter, AFPC/DPSOE, dated 28 January 2013.
     Exhibit E.  Letter, SAF/MRBP, dated 15 July 2013.
     Exhibit F.  Letter, SAF/MRBC, dated 18 July 2013.
     Exhibit G.  Letter, Applicant, dated 12 August 2013.




                                   
                                   Panel Chair

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