RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01676
		INDEX CODE:  107.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

His recommendation for the Distinguished Flying Cross (DFC) disapproved in 1974, be reconsidered for approval.

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APPLICANT CONTENDS THAT:

His nomination package did meet the award criteria for the DFC.

The level of responsibility and manner of performance did clearly substantiate exceptional performance and outstanding airmanship above that normally expected of professional airmen during Operation LINEBACKER II from 18 Dec 72 to 29 Dec 72.

In support of his request, applicant provided copies of his DFC citation and the letter recommending disapproval of his DFC.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served on active duty in the Regular Air Force from    6 Nov 70 to 5 Nov 74; he served as a Flight Refueling Operator.  
On 5 Nov 74, the applicant was released from active duty and transferred to the Air Force Reserve (AFRES).  He served 4 years on active duty.  

Documentation provided by the applicant reflects that a citation for award of the DFC was submitted to the PACAF Awards and Decorations Board; the Board disapproved the DFC and recommended no lesser decoration be awarded.

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AIR FORCE EVALUATION:

On 12 Jun 07, AFPC/DPPPR provided an evaluation on the case that was later determined to be erroneous.  DPPPR subsequently provided a revised evaluation on 17 Jul 07, that was forwarded to the applicant on 20 Jul 07.  In both of the DPPPR evaluations the recommendation was to deny applicant’s request for reconsideration of the DFC.  They stated no documentation was located in applicant’s record that verifies he was reconsidered by someone in his Chain of Command for the DFC.

The following are current procedures that may be followed to submit a recommendation for a military decoration to include the DFC.  The timeline for submitting decorations is two years from the date of the act or achievement.  However, under the Fiscal Year 1996 National Defense Authorization Act (NDAA), Section 526, which was enacted into law on 10 Feb 96, this timeline, has now been waived.  Under this Act, which lifted the time limitations on submitting award recommendations, veterans who may make a case for award consideration (or upgrade of a previously awarded decoration) not previously eligible because of these time limits, may now submit for award consideration.  However, the written recommendation must meet two criteria:  1) Be made by someone, other than the member himself, in the member’s chain of command at the time of the incident, and, who has firsthand knowledge of the acts or achievements; and, 2) be submitted through a congressional member who can ask a military service to review a proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred.

The DPPPR evaluations are at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

On 15 Jun 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date no response has been received.

On 20 Jul 07, a copy of the revised Air Force evaluation was forwarded to the applicant for review and comment.  To date, a response has not been received.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  The applicant’s heroism is noted and our decision in no way lessens the value of his military contributions, nor does it diminish the high regard we have for his service.  Nevertheless, in view of the above, we find no basis to favorably consider his request for the DFC.  However, should the applicant provide additional evidence such as statements from personnel with firsthand knowledge or orders showing other crew members received the DFC, we will look at this documentation for possible reconsideration.   Otherwise, in view of the foregoing, we find no compelling basis to recommend granting the relief sought in this application. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number    BC-2007-01676 in Executive Session on 29 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01676 was considered:

    Exhibit A.  DD Form 149, dated 17 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letters, AFPC/DPPPR, dated 12 Jun 07
                and 17 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 07.
    Exhibit E.  Letter, AFBCMR, dated 20 Jul 07.