AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01938
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty, should
include his Air Medal with Five Oak Leaf Clusters (AM w/5 OLC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He flew 177 combat support missions as a pilot in Vietnam, but
has only the basic AM w/1 OLC for those missions.
He has enough missions to have been awarded an additional four
oak leaf clusters to the AM. By the time he realized the error
his unit had been disbanded. Three orders reflect the details of
his squadron assignments and eight pages show the specifics of
his 177 combat support sorties. One would receive an AM for each
35 missions that were flown. Not counting the AM he earned for
missions over Vietnam, plus the 1 OLC he received for piloting a
KC-135 aircraft in support of the war effort, he should have
earned an additional 4 OLCs for the remaining 142 missions that
he flew.
In support of his request, the applicant provides a personal
statement, copies of special orders, and copies of his Frag
Missions and Combat Support Sorties.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force, who
served on active duty from 5 May 1967 through 30 June 1978. The
DD Form 214 issued in conjunction with his 30 June 1978
separation reflects that he was awarded the DFC and basic AM,
with 1 OLC.
The AM is awarded to any person who, while serving in any
capacity with the Armed Forces of the United States, subsequent
to 8 September 1939, distinguishes himself or herself by heroic
or meritorious achievement while participating in an aerial
flight.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR does not provide a recommendation and states that the
applicant has not exhausted administrative channels, and has not
provided a written recommendation or a proposed citation as
required by 10 USC 1130.
The complete DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Jun 12 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations. We note the OPR’s comments concerning the
requirements of Title 10, United States Code, Section 1130 (10
USC § 1130), enacted as part of the Fiscal Year 1996 National
Defense Authorization Act. However, we do not agree that such
avenues must be first exhausted prior to seeking relief under the
provisions of 10 USC § 1552. As previously noted by this Board
in decisions concerning this issue, 10 USC § 1130 clearly states
that, “Upon request of a member of Congress…the Secretary shall
make a determination as to the merits of approving the award…” –
it does not require that an applicant must do so prior to
submitting a request under the provisions of 10 USC § 1552.
Moreover, we find their interpretation of 10 USC § 1130
contradicts the very intent of Congress in establishing service
correction boards 65 years ago, i.e., to remove their required
involvement and avoid the continued use of private relief bills,
in order to affect such corrections to military records.
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 error or injustice to warrant
correcting the applicant’s DD Form 214 to reflect his entitlement
to the AM w/5 OLCs. In this respect, we note the applicant has
provided substantial evidence that indicates he flew 177 combat
support missions while assigned to the 7th Air Force. Moreover,
a review of his flight records and the special orders awarding
the AM (Basic) and AM, 1 OLC, indicate that he was awarded these
AMs after completion of 35 combat missions. Further, we note
that the applicant has not received recognition for the remaining
combat missions. As such, based on the evidence of record and
noting the AM criteria at the time, we believe his record should
reflect his entitlement to four additional OLCs to the AM.
Therefore, we recommend his records be corrected as indicated
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that his DD Form 214,
Report of Separation from Active Duty, issued in conjunction with
his 30 June 1978 separation, be amended in Item 26, Decorations,
to reflect his entitlement to the Air Medal, with Second, Third,
Fourth, and Fifth Oak Leaf Clusters.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01938 in Executive Session on 13 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for Docket number BC-2012-01938
was considered:
Exhibit A. DD Form 149, dated 1 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 12 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 28 Jun 12.
Panel Chair
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