RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02652
		INDEX CODE 107.00
	 	COUNSEL:  HAROLD G. MERCER

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) for extraordinary for actions over Cambodia as an airborne interpreter.

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THE APPLICANT CONTENDS THAT:

He should have been awarded the DFC for his actions on 23 November 1970 as an Airborne Interpreter; however, due to the then classified nature of the mission and the drawn down of United States forces in Southeast Asia, he was not.

In support of the appeal, applicant submits affidavits from his former Task Force Commander and OV-10 pilots strongly recommending that he be awarded the DFC, and a proposed DFC citation.

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

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STATEMENT OF FACTS:

On 14 December 2001, the AFBCMR considered and granted a similar request by a former Airborne Interpreter who participated in the Rustic Operation.  

The DFC was established by Congress on 2 July 1926 and is awarded for 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.

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On 31 January 1984, the applicant was relieved from active duty and retired effective 1 February 1984 in the grade of master sergeant.  His DD Form 214, Report of Separation or Discharge from the Armed Forces indicates that he was awarded a total of 11 AMs

On 7 September 2000, the Secretary of the Air Force Personnel Council (SAFPC) Air Force Decoration Board considered and denied applicant’s request for award of the DFC, with One Oak Leaf Cluster.

The DFC was established by Congress on 2 July 1926 and is awarded for 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 AM is awarded for heroic or meritorious achievement while participating in aerial flight.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that although the 23 November 1970 mission may have been classified at the time, the proposed citation is entirely unclassified, except for identying the enemy territory as Combodia, and was unclassified at that time.  AFPC/DPPPR does not believe sufficient justification has been provided to show that the applicant was not recommended for the DFC because of the classified nature of his mission.

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

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A representative of the Rustic FAC Association states that a number of interpreters having similar duties were awarded the DFC based on timely submissions.  However, some recommendations were compromised, in some instances apparently lost, and others not acted upon due to the classified nature and exigencies of the missions, and the drawn down of United States forces in Southeast Asia.  The author of the Air Force evaluation does not appreciate the unique circumstances in which the Rustic Operation was conducted.  The classified nature of the operation ranged from some French terms and phrases that were deemed classified, to secure radio equipment and night vision scopes that were, at the time, state of the art intelligence gathering devices that were top secret.  Furthermore, the nature of the operation, the specifics relating to the levels of authority approving certain missions, certain intelligence methods and sources, and a myriad of other aspects surrounding the missions flown affected virtually every submission that was considered for recognition of an aircrew member.

The Rustic FAC Association representative’s complete response 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 probable error or injustice.  After thoroughly reviewing the criteria for awarding the DFC, we believe the applicant’s actions clearly met the extraordinary achievement requirement for award of the DFC.  The pilot that flew the subject mission with the applicant indicates that, in essence, the applicant provided critical coordination with friendly ground commanders to coordinate the successful rescue of two airmen that had been shot down.  The evidence presented to this Board clearly substantiates that the applicant’s performance during this mission went beyond that of an interpreter. More importantly, documentation has been provided showing that fellow enlisted Airborne Interpreters serving in Southeast Asia that performed the same duties and extraordinary achievements as he did were awarded the DFC. 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 he was awarded the Distinguished Flying Cross for extraordinary achievement, while participating in aerial flight as a Linguist/Interrogator Specialist (Observer and Interpreter) in Southeast Asia on 23 November 1970.

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The following members of the Board considered this application in Executive Session on 16 September 2002, under the provisions of AFI 36‑2603:

 The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 9 Sep 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Sep 02.
	Exhibit E.  Letter, Applicant, dated 12 Sep 02.

                                   

AFBCMR 02-02652

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 he was awarded the Distinguished Flying Cross for extraordinary achievement, while participating in aerial flight as a Linguist/Interrogator Specialist (Observer and Interpreter) in Southeast Asia on 23 November 1970.