RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03598 COUNSEL: NO HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC). _________________________________________________________________ APPLICANT CONTENDS THAT: After leaving Vietnam, he elected to leave active duty service before arriving at his next duty station; therefore, he did not turn in the DFC award documentation from his unit commander, that he was hand-carrying to his next duty station. After returning home, he solicited help from his congressman to obtain the DFC; however, his congressman did not want to get involved during that timeframe due to the unpopularity of the Vietnam War. In support of his appeal, the applicant provides a personal statement, and copies of his DFC award documentation package and his DD Form 214, Report of Separation from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Army who served on active duty from 27 July 1966 to 17 May 1974. He served as a helicopter pilot and was promoted to the grade of captain (O-3) with a date of rank of 1 April 1971. The applicant served with the Air Force Advisory Team from 29 February 1972 to 23 February 1973 for which he was recommended for the Air Force DFC. The remaining relevant facts, extracted from the applicant’s military service records are contained in the evaluation provided by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends disapproval. DPSIDR states that the DFC, authorized by an Act of Congress on 2 July 1926, amended by Executive Order 7786 on 8 January 1938, is awarded to any officer or enlisted person of the Armed Forces of the United States who shall have distinguished himself/herself in actual combat in support of operations by heroism or extraordinary achievement while participating in aerial flight, subsequent to 11 November 1918. DPSIDR states that after a thorough review of the applicant’s military personnel record, they were unable to locate a special order or any other documentation verifying the applicant’s award of the DFC. He has twice submitted his request through a congressional representative. The first request was returned without action due to insufficient documentation. The second request was returned without action by the Secretary of the Air Force Personnel Council (SAFPC) for lack of sufficient documentation (eyewitness statements, chain of command endorsements, proposed citation, and written concurrence of member or next of kin) in accordance with the 1966 National Defense Authorization Act (NDAA) rules. In his appeal, the applicant has provided a citation without a special order for award of the DFC for extraordinary achievement while participating in aerial flight on 26 August 1972 and an undated Air Force Form 642, Recommendation for Decoration, outlining extraordinary achievement from 29 February 1972 to 28 February 1973. He states he is unable to produce eyewitness statements and chain of command endorsements. DPSIDR states they are unable to determine if the applicant is making a request for award of the DFC based on a single act talking place on 26 August 1972, the period covering 29 February 1972 to 28 February 1973, or both. The applicant has not submitted sufficient documentation for award of the DFC outlined per the 1966 NDAA rules; therefore, they must recommend disapproval. However, if the Board decides to grant the relief sought, the record should be corrected to show the requested action. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In reference to the Air Force advisory opinion, he agrees with the opinion in that the decoration paperwork was never submitted which was stated on day one of this process. As he has indicated several times, eyewitnesses are most likely dead or in prison in Vietnam, his chain of command endorsements have always been on the Air Force Form 642, and the proposed citation was included with the Air Force Form 642. At this point he is willing to accept the DFC for either or both of the periods indicated. The applicant’s complete rebuttal, with attachments, 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 error or injustice warranting the award of the DFC. In this respect, we note the applicant’s chain of command recommended him for award of the DFC for his extraordinary achievement while participating in aerial flight as a tactical combat crewman in Southeast Asia. We further note the applicant’s contention that he was hand-carrying his DFC award package to his next duty assignment for presentation when he decided to separate from the Army before arriving at his next duty station. Thus, he never received the DFC. Since the applicant has provided copies of the DFC award elements, we have no reason to doubt this assertion. Therefore, the Board believes that in view of the evidence provided and the applicant’s accomplishments in the service of the Nation, and to preclude a possibility of an injustice, any doubt in this matter should be resolved in the applicant’s favor. Accordingly, we recommend that his records be corrected as indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records relating to the APPLICANT be corrected to show that he was awarded the Distinguished Flying Cross for extraordinary achievement, while participating in aerial flight with the 239th Helicopter Squadron, 1st Air Division, Vietnamese Air Force, Republic of Vietnam on 26 August 1972. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-03598 in Executive Session on 28 June 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2010- 03598 was considered: Exhibit A. DD Form 149, dated 31 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 1 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 10. Exhibit E. Letter, Applicant, dated 20 Dec 10.