RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00915
		INDEX CODE:  107.00

		COUNSEL:  Yes

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded the Silver Star Medal (SSM)as requested in the original submission dated 24 Feb 72, that was downgraded to the Distinguished Flying Cross (DFC) for Heroism.

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APPLICANT CONTENDS THAT:

Due to the then classified nature of the mission and the draw down of United States forces in South East Asia (SEA), coupled with the exigencies of the mission, appropriate recognition was precluded.  

In support of his appeal, applicant’s counsel has provided a brief that is at Exhibit A.

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STATEMENT OF FACTS:

The applicant had served in Vietnam and Thailand from 29 Jun 71 to 29 Jun 72 and had received one DFC with one oak leaf cluster (OLC) and the Air Medal (AM) with 7 OLC’s.  He separated from the Air Force on 9 May 1979.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends consideration be given to the request for upgrade to the SSM.  DPPPR states that many members of the applicant’s organization, Rustic FAC (Forward Air Controller) did not receive recognition of specific flights due to rapid mission requirements.  They note also that recognition is now being afforded to other members of the Rustic FAC when necessary documentation is provided.

DPPPR’s evaluation is at Exhibit B.

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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 an error or injustice.  After reviewing the evidence of record, we are persuaded that the applicant’s actions on 29 November 1971, justify awarding of the Silver Star Medal (SSM).  The statements provided by individuals who had first hand knowledge of applicant’s accomplishments support an upgrade of the DFC to the SSM.  In addition, this Board has considered several applications from members of the Rustic FAC units and found that their true accomplishments were not known at the time they were considered for awards because their duties were classified.  In view of the above findings, we recommend approval of the relief sought in this application.

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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 on 2 January 1973, he was awarded the Silver Star Medal for gallantry in action against the enemy of the United States on 29 November 1971 rather than the Distinguished Flying Cross

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The following members of the Board considered AFBCMR Docket Number BC-2003-00915 in Executive Session on 20 May 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 03, w/atchs. 
    Exhibit B.  Letter, HQ AFPC/DPPPR, dated 7 May 03.
    Exhibit C.  Letter, SAF/MRBR, dated 16 May 03.

                                   
                                   Panel Chair

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2003-00915

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 on 2 January 1973, he was awarded the Silver Star Medal for gallantry in action against the enemy of the United States on 29 November 1971, rather than the Distinguished Flying Cross.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency