RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04169 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He receive the Valor device to his previously awarded Distinguished Flying Cross (DFC). ________________________________________________________________ APPLICANT CONTENDS THAT: He was informed that his basic award of the DFC was upgraded to the DFC w/Valor; however, he did not keep any documentation concerning the upgrade. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Air Force from 12 Dec 61 to 29 Feb 84. The DFC was established by Congress on 2 Jul 26 and is awarded for heroism or extraordinary achievement while participating in aerial flight. On 3 Jun 04, the Secretary of the Air Force (SECAF) authorized the wear of the Valor "V" Device on DFCs awarded for heroism. The applicant was awarded the DFC for extraordinary achievement on 5 Apr 71. The applicant was also awarded the DFC, first Oak Leaf Cluster for extraordinary achievement on 12 Mar 71. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA was unable to verify Special Order G-3294 was amended to show the applicant’s DFC was upgraded from extraordinary achievement to heroism. The DFC may be awarded to any person who, after 6 Apr 17, while serving in any capacity with the US Armed Forces, distinguished themselves by heroism or extraordinary achievement while participating in aerial flight. Heroism or achievement must be entirely distinctive, involving operations that are not routine. The DFC is not awarded for sustained operational activities and flights. The complete DPSIDRA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Dec 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit D). ________________________________________________________________ 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 office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The acts of heroism and personal sacrifice the applicant endured for our nation is noted; however, based on our review of the evidence of record and the documentation submitted in support of the appeal, we find the evidence insufficient to recommend award of the DFC with Valor. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered Docket Number BC-2011-04169 in Executive Session on 18 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Oct 11, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSIDRA, dated 23 Nov 11. Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11.