RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02156

	 	COUNSEL:  XXXX

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.	He be awarded the Bronze Star Medal (BSM) for meritorious service during the period 2 June 1970 to 2 June 1971.

2.	He be awarded the Air Medal (AM) for meritorious achievement.

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THE APPLICANT CONTENDS THAT:

Due to the then-classified nature of the mission and the draw down of United States forces in Southeast Asia, timely and appropriate recognition was precluded.

The applicant states that he should be awarded the BSM  for the extraordinary service he performed during his 12-month tour in Vietnam.  Starting with nothing, he built an effective intelligence operation and, in the process, solved numerous imposing problems that were most unique.  His request should not be viewed as an attempt to obtain an end-of-tour decoration, but rather appropriate recognition of his actions that were integral to saving the lives of many.

The applicant states that during the period in question, the AM was awarded for every 20 combat missions and for specific one-time missions.  Since the applicant completed over 20 combat missions, he meets the first criteria.  In addition, there are several distinct combat missions that he completed that warrant award of the AM for a specific mission.  The risks that he assumed, undertaking combat missions over Cambodia, are perhaps without parallel in the field of intelligence personnel.  Although not on flight orders, in large part due to the classified and sensitive nature of the operation, he contributed to the flights by handling radio traffic that included obtaining intelligence from Cambodian ground commanders and assisting with the placement of tactical air strikes.

In support of the appeal, the applicant submits affidavits from former OV-10 Pilots, and his former immediate supervisor and commanders.

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

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STATEMENT OF FACTS:

During the period 2 June 1970 to 2 June 1971, the applicant was assigned to Bien Hoa Air Base (AB), Republic of Vietnam.  From 4 June 1970 through 4 October 1970, he was assigned as the Chief of Targets Intelligence Branch and from 5 October 1070 through 1 June 1971, he was assigned as the Chief of III ASC Task Force Intelligence.  He did not receive any decorations during this period.

On 14 December 2001, the AFBCMR considered and granted two applications requesting award of DFCs to former Airborne Interpreters who participated in the Rustic Operation.  

The BSM was established in 1944 and is awarded for heroism or meritorious achievement or service (not involving participation in aerial flight) while engaged in armed conflict.

The AM is awarded for meritorious achievement while participating in aerial flight, and serving in any capacity with the Air Force.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that although a required recommendation package (a narrative signed by the recommending official and endorsed by the next higher official in the chain of command) was not submitted with the application, both the applicant’s immediate supervisor and next higher official in the chain of command did submit affidavits recommending approval of the decorations.  In 1974, a recommendation to award the applicant the BSM was considered and denied by the 13th Air Force.  Since 13th Air Force was one of the headquarters that routinely processed decorations during the Vietnam era, their disapproval should stand.  Furthermore, the applicant was not eligible to be considered for award of the AM, since he was not a regularly assigned crewmember.  While the applicant contends he was not submitted for any decorations because of the classified nature of his duties, many intelligence personnel were recommended for decorations during the contested period in Vietnam, and many decorations were approved.  Air Force regulations at that time required decoration packages to contain an unclassified citation, but the narrative portion could be classified.  Had it been unfeasible to submit a recommendation for a decoration because an individual’s duties were classified, then the applicant could not have any Officer Effectiveness Reports (OERs) for that period.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The application was the direct result of advice received from a number of general officers who were veterans of the war in Southeast Asia.  The applicant’s unit was specifically prohibited from transmitting any of the classified information, either in narrative or citation form, when submitting an individual for an award.  As a result, they were unable to discuss and/or present the myriad of contributions made by the applicant, both on the ground and while airborne in Southeast Asia, which resulted in denial of the BSM recommendations submitted in 1971 and 1972.  His inability to obtain signatures from the recommending and endorsing officials may have been the basis for the disapproval of his request by the 13th Air Force. The argument may be made that the BSM submissions were, on a technical basis, never fully received by the Air Force as complete and satisfactory packages.  The AFBCMR has taken favorable action on two previous applications submitted by former Rustic personnel.  The standards of the Vietnam era and standards applicable to today’s military with respect to awards and decorations are being applied somewhat interchangeably by the Air Force as bests suits their arguments.  Contrary to the evaluation, the applicant could not have been recommended for the AFAM since it did not exist in 1971.  In addition, during the Vietnam War the AM was awarded for meritorious achievement (i.e., number of missions flown) and not just for a specific act or mission.  In the applicant’s case, his contributions could not be discussed and presented in a timely manner.  Furthermore, the evaluation is incorrect when stating that the AM can only be awarded to aircrew members.  The AM is awarded to U.S. and civilian personnel for single acts of heroism or meritorious achievements; thus, the basis for the award to personnel, including those not even in military service, should incorporate those in the service but not aircrew members.  There is also precedent for the award to non-aircrew members since a number of airborne interpreters assigned to the Rustic Operation received not only the AM, but also the Distinguished Flying Cross (DFC).

Counsel’s complete response, with attachments, is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the criteria for awarding the BSM and AM, we believe the applicant’s service during the period 2 June 1970 to 2 June 1971 and actions on 8 December 1970, clearly meet the criteria for these decorations.  The pilot that flew the 8 December 1970  mission with the applicant indicates that despite constant ground fire the applicant assisted during the missions by working the radios and acting as his reconnaissance observer (i.e., constant contact with the ground commanders, called-in airstrikes, and assisted in spotting enemy aircraft/troop movements).  In addition, the former awards and decorations monitor has indicated that due to the classified nature of their mission and the draw down of United States forces in Southeast Asia, timely and appropriate recognition was precluded.  The evidence presented to this Board clearly substantiates that the applicant’s performance and achievements warrant awarding the BSM and AM.  We also recognize that three months after the applicant departed, his unit moved to Thailand.  Despite the applicant’s personal sacrifice for his country in such an extremely dangerous area of operation, he never received a decoration in recognition of his accomplishments during this period.  We note the strong support the applicant has received from senior Air Force officials who have indicated that their unique and highly classified mission would not have been accomplished had it not been for the applicant’s actions.  Furthermore, we believe that had the applicant’s duties not been classified and the approval authority for the decorations been aware of all of his accomplishments and achievements, he would have been awarded the BSM and AM.  Therefore, we recommend the applicant’s records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a.	He was awarded the Air Medal for extraordinary achievement while participating in aerial flight in Southeast Asia on 8 December 1970.

	b.	He was awarded the Bronze Star Medal for meritorious service during the period 2 June 1970 to 2 June 1971.

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The following members of the Board considered this application in Executive Session on 29 August 2002, under the provisions of AFI 36‑2603:

 The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Aug 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Aug 02.
	Exhibit E.  Letter, Counsel, dated 16 Aug 02, w/atchs.

AFBCMR 02-02156

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

		a.	He was awarded the Air Medal for extraordinary achievement while participating in aerial flight in Southeast Asia on 8 December 1970.

		b.	He was awarded the Bronze Star Medal for meritorious service during the period 2 June 1970 to 2 June 1971.