RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01304
								INDEX CODE:  100.00
	XXXXXXXXXX					COUNSEL:  

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 October 2008

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APPLICANT REQUESTS THAT:

He be awarded the Silver Star Medal (SSM) for his gallant actions on 15 December 1970.

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APPLICANT CONTENDS THAT:

Timely submission of the SSM was not made due to the following: (1) co-pilot on the mission was reassigned within several weeks and departed the theatre of operations; (2) change in command structure occurred at several levels during the time frame of two major battles and the 15 December 1970 mission; (3) drawdown of US forces in Southeast Asia (SEA); and (4) exigencies of the mission and classified nature of the Rustic operations.

On 15 December 1970, he flew his first night Rustic mission in an O-2A “Skymaster” as a newly assigned squadron commander of the 19th Tactical Air Support Squadron.  The Forward Air Controller (FAC) who accompanied him on the mission was awarded the SSM based on his recommendation and was reassigned shortly thereafter.  However, the Seventh Air Force subsequently determined that no recommendations for the SSM would be forwarded to that headquarters under any circumstances.

In support of the appeal, the applicant’s counsel provides a statement from the former task force commander, a narrative recommendation, a proposed citation, his personal affidavit as a former Rustic and the unit’s Awards and Decorations Officer, and cites several previously approved AFBCMR cases involving similar requests from former Rustics.

The former task force commander states that he strongly supports the request to award the applicant the SSM for his valorous actions in combat.

The FAC on the mission, who was awarded the SSM, states that on the night in question the applicant flew his first Rustic mission while he handled the radios and navigation.  On that night, the applicant’s superb airmanship, self control, disregard for his own safety, teamwork, and bravery were instrumental in saving the lives of many Cambodian soldiers and resulted in significant losses by the enemy forces.  Despite the most intense ground combat he had seen in his 10 months as an FAC and the first the applicant had seen since his arrival in country, the applicant did an exceptional job helping repel a potentially lethal attack by a superior enemy ground force.  They experienced heavy enemy anti-aircraft fire, 50 caliber machine gun and AK-47 fire, while the applicant was flying as close and as low as possible to the friendly positions.  During this time, the applicant kept his composure under fire and performed a most dangerous job under very difficult circumstances.

The former unit Awards and Decorations officer states that subsequent to the mission, he was advised by Seventh Air Force personnel that SSM recommendations were not to be forwarded to them under any circumstances.  Prior to that time, only one SSM was ever awarded to anyone in the unit and that was the one recommended by the applicant for the FAC that accompanied him on the 15 December 1970 mission.  He further states there were irregularities within the awards and decorations system that prevailed at the time and that numerous DFC and AM submissions were either downgraded or lost.

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

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STATEMENT OF FACTS:

The applicant is a retired colonel who served in the Republic of Vietnam (RVN) from 21 November 1970 through 31 December 1971 at Bien Hoa and Phan Rang Air Bases as an O-2A, OV-10A, O-1G, and EC-121D pilot and squadron commander in support of Rustic operations.  During this period he completed a total of 183 combat missions, totaling 475.3 combat hours, for which he was awarded two Distinguished Flying Crosses and eight Air Medals.

Headquarters Seventh Air Force special order G-1233, dated 22 April 1971, awarded the SSM to the co-pilot/FAC of the 15 December 1970 mission for gallantry in action while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force.

On 12 April 2004, the AFBCMR favorably considered a request from a former Rustic FAC OV-10 pilot to upgrade his Distinguished Flying Cross (DFC) to the SSM (Exhibit C).

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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 an injustice.  In this respect, we note the applicant is a former Rustic Forward Air Controller (FAC) O-2A pilot and squadron commander.  The evidence of record indicates that as a newly assigned squadron commander, the applicant flew his first combat mission in Cambodia on the night of 15 December 1970 insuring beleaguered Cambodian ground forces located north of Phnom Penh received tactical air support.  The Cambodian ground forces were surrounded by a superior enemy ground force comprised of Khmer Rouge and North Vietnamese regulars and in imminent danger of being overrun.  Despite intense ground combat and heavy enemy ground-to-air anti-aircraft fire, the applicant made numerous passes in his unarmed Cessna aircraft.  With total disregard for his own safety he unselfishly remained in the area exposing himself to enemy fire, flying as close and as low as possible to the friendly positions on the ground, marking enemy targets, and directing repeated tactical air strikes with extreme accuracy.  As a result of his gallantry, a potentially lethal attack by a superior enemy ground force was quelled, saving the lives of many Cambodian soldiers and causing enemy forces to sustain significant losses.  The unit’s former Awards and Decorations Officer states the only SSM ever awarded to a member of their unit was the applicant’s FAC on the mission, which the applicant had recommended for the award.  He further states that Seventh Air Force personnel subsequently advised him that SSM recommendations were not to be forwarded for their consideration under any circumstances.  In view of this, and since the FAC on the mission was awarded the SSM for his actions on that night, we believe it would be unjust to deny the applicant, as the mission’s pilot, similar recognition.  In addition, this Board has considered several applications from members of the Rustic FAC units and found 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, and noting the strong support from the former task force commander, we recommend his 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 on 22 April 1971, he was awarded the Silver Star Medal for gallantry in action while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force on 15 December 1970.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01304 in Executive Session on 15 July 2007, under the provisions of AFI 36-2603:

	            XXXXXXXXXX, Chair
	            XXXXXXXXXX, Member
	            XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Mar 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.

                                   XXXXXXXXXX
                                   Chair