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AF | BCMR | CY2013 | BC-2012-01938
Original file (BC-2012-01938.pdf) Auto-classification: Approved
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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