RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00809
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was awarded the following awards and decorations:

1.  The Air Medal with three Bronze Oak Leaf clusters (AM w/3BOLC) (Administratively resolved).

2.  The Vietnam Service Medal (VSM) (Administratively resolved).

3.  The Vietnam Campaign Medal (Administratively resolved).

4.  The Distinguished Flying Cross (DFC).


APPLICANT CONTENDS THAT:

Due to an administrative error, his DD Form 214 does not reflect award of the DFC.  According to a 14 Feb 69 letter from the Awards and Decorations Officer of Detachment 11, 38th Aerospace Rescue and Recovery Squadron (ARRSQ), the unit was expecting approval of his end-of-tour DFC, in the near future.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Feb 65. 

During the period 22 Aug 67 through 4 Jun 68, the applicant was assigned to Detachment 11, 38th ARRSQ, Tuy Hoa Air Base, Republic of Vietnam, as a HH-43B Flight Engineer.  

On 12 Nov 68, the applicant was furnished an honorable discharge, and was credited with 3 years, 8 months, and 17 days of active service, to include 11 months and 27 days of foreign service.
The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, D, and E.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice regarding award of the DFC.  The DFC may be awarded to any persons who, after 6 April 1917, while serving in any capacity with the United States Armed Forces, distinguish themselves by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from comrades or from other persons in similar circumstances.  Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.  AFPC/DPSID was not able to locate a signed recommendation for award of the DFC, a proposed citation, eyewitness statements attesting to the gallantry of his actions or chain of command endorsements for award of the DFC, nor did the applicant provide any supporting documentation with this request.  Other than the reference to the DFC in his unit’s awards and decorations officer’s 14 Feb 69 letter, there is no official military documentation recommending or awarding the DFC to the applicant.  Notwithstanding the above, AFPC/DPSID’s research did reveal the AM w/3BOLC, VCM, Vietnam Service Medal with four Bronze Service Stars (VSM w/4 BSS), and Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), should have been awarded during the applicant’s service from 26 Feb 65 to 12 Nov 68 but were not reflected in his records.  Upon final Board decision, administrative correction of the applicant's official military personnel record reflecting these awards and decorations will be completed by AFPC/DPSOR.  

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

AFHRA/RS recommends denial, indicating there is no evidence of an error or injustice regarding award of the DFC.  AFHRA/RA completed a search through every 7th Air Force (applicant’s Numbered Air Force) Special Order (awards) for the period Apr 68 through Jun 69 and did not find any orders awarding the DFC to the applicant.  Evidently the nomination for the DFC was rejected by the 7th Air Force Awards and Decorations Board and the unit was not able to justify the award of the DFC to 7th Air Force’s satisfaction.  However, AFHRA/RS’s research did reveal 7th Air Force Special Order (SO) G-935, 1 Apr 68 awarded the applicant the Basic Air Medal (AM); and 7th Air Force SO-1425, 10 Apr 69 bestowed the first through third OLCs to the AM to the applicant.  

A complete copy of the AFHRA/RS evaluation is at Exhibit D.

SAF/MRBP concurs with the recommendations of AFPC/DPSID and AFHRA/RS to disapprove awarding the DFC to the applicant.  There is no evidence to suggest he was awarded the DFC by 7th Air Force, and the mention of it in the letter by the unit’s awards and decorations officer is insufficient to justify the award.  SAF/MRBP does concur with AFPC/DPSID’s recommendation to award the applicant with the three OLCs to his AM, as well as the Vietnam-era unique awards highlighted in their advisory. 

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 11 Feb 15 for review and comment within 30 days (Exhibit F).  As of this date, no response has been received by this office.


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 regarding the applicant’s request that his DD Form 214 be corrected to reflect the award of the DFC.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSID and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice regarding the award of the DFC.  We note that AFPC/DPSID’s research did reveal the AM w/3BOLC, VCM, VSM w/4 BSS, and RVNGC w/P should have been awarded during the applicant’s service from 26 Feb 65 to 12 Nov 68, but were not reflected in his records.  Upon final Board decision, they have directed AFPC/DPSOR to administratively correct the applicant’s military personnel record reflecting these awards and decorations. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. 


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. 


The following members of the Board considered AFBCMR Docket Number BC-2014-00809 in Executive Session on 24 Mar 15 under the provisions of AFI 36-2603:

	
The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00809 was considered:

	Exhibit A.  DD Forms 149, dated 21 Feb 14 and 6 May 14, 
	            w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 7 Jul 14.
	Exhibit D.  Memorandum, AFHRA/RS, dated 25 Nov 14, w/atchs.
	Exhibit D.  Memorandum, SAF/MRBP, dated 14 Jan 15, w/atch.
	Exhibit E.  Letter, SAF/MRBR, dated 11 Feb 15.