RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02799
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Air Medal with three Bronze Oak Leaf
Clusters (AM w3/BOLCs). (Administratively Corrected)
2. He be awarded the Distinguished Flying Cross (DFC).
________________________________________________________________
APPLICANT CONTENDS THAT:
His records reflect the AM w/2BOLCs; however it should reflect
the AM w/3BOLCs. In addition, he was not awarded the DFC at the
end of his tour in Vietnam.
In support of his request, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
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 AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. There is no signed recommendation
from someone with first-hand knowledge detailing the
act/achievement, proposed citation, and eyewitness statements
attesting to the act. Due to this request being untimely,
memories have faded and records are no longer available to
substantiate information. Nonetheless, should the Board
determine the request is timely, DPSID recommends denial based
on the lack of official documentation in the applicants
military personnel record. To grant him relief would be
contrary to the eligibility criteria established by DoD Manual
1348.33, Manual of Military Decorations and Awards.
Notwithstanding the above, DPSID determined the applicants
entitlement to the AM w/3 BOLCs, the Presidential Unit Citation,
the Air Force Outstanding Unit Award with Valor, the Vietnam
Service Medal with two Bronze Service Stars and the Republic of
Vietnam Gallantry Cross with Palm. Upon final Board decision,
administrative correction of his official military personnel
record will be completed by AFPC/DPSOR.
The complete DPSID evaluation, with attachment, is at Exhibit C.
AFHRA/RS recommends denial. The applicants name does not appear
on any Seventh Air Force General Orders for DFC decorations from
Jan through Jun 1971.
The complete RS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 8 Nov 2013, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (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. We took notice
of the applicants complete submission in judging the merits of
the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. Therefore, aside from the administrative
corrections to his record, we find no basis to recommend
granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2013-
02799 in Executive Session on 25 Mar 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Feb 1972 [sic], w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 16 Sep 2013, w/atch.
Exhibit D. Letter, AFHRA/RS, dated 25 Oct 2013.
Exhibit E. Letter, SAF/MRBR, dated 8 Nov 2013.
Panel Chair
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AF | BCMR | CY2014 | BC 2014 00809
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Fourth, any criteria set by the War Department are just not applicable to this case. The OER is clearly an official record, and it clearly states that the decedent had been recommended for a DFC. This case is not like others where the applicant seeks the award of a DFC where the only evidence was the applicant's statement that he was told by his commander that he would be recommended for a DFC.
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01251 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC), with one Bronze Oak Leaf Cluster. The applicants WD AGD Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, reflects the award of the following Medals and/or Ribbons: - Distinguished Flying Cross - Air Medal with three Bronze Clusters -...
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