RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02656
		INDEX CODE 107.00
	 	COUNSEL:  

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should have been awarded the DFC for his actions on 15 March 1971 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, a former Airborne Interpreter who was awarded two DFCs, and a proposed DFC citation.

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

_________________________________________________________________

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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that the applicant received the Air Medal (AM), with Sixth Oak Leaf Clusters, for his achievements on 29 November 1971 and is not eligible for the DFC based on the same actions.  The applicant’s request for award of the DFC, 1 OLC, was denied by the Air Force Decoration Board because his actions did not meet the criteria for award of the DFC.  Although the statement from the Awards and Decorations Officer indicates that since the missions were classified, the unit’s recommendations were delayed or denied, the officer’s who signed the affidavits each received their DFCs in a timely manner and the applicant received his AMs in a timely manner.

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

_________________________________________________________________

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.

_________________________________________________________________

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 applicant’s former commander and immediate supervisor have provided statements indicating, in essence, that during the subject mission, the applicant provided critical coordination with an allied ground commander whose forces were being surrounded by enemy forces and were being overrun.  These statements also indicate that the applicant called in airstrikes that resulted in turning the tide of the battle into a major victory for the allied forces, despite the fact that his aircraft was struck in three places by enemy ground forces.  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.

_________________________________________________________________

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 15 March 1971.

_______________________________________________________________

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 19 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 02-02654

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 15 March 1971.