RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02799 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Air Medal with three Bronze Oak Leaf Clusters (AM w3/BOLCs). (Administratively Corrected) 2. He be awarded the Distinguished Flying Cross (DFC). ________________________________________________________________ APPLICANT CONTENDS THAT: His records reflect the AM w/2BOLCs; however it should reflect the AM w/3BOLCs. In addition, he was not awarded the DFC at the end of his tour in Vietnam. In support of his request, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The DFC is awarded to any officer or enlisted person of the Armed Forces of the United States who distinguished himself in actual combat in support of operations by heroism or extraordinary achievement while participating in an aerial flight, subsequent to 11 Nov 1918. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial. There is no signed recommendation from someone with first-hand knowledge detailing the act/achievement, proposed citation, and eyewitness statements attesting to the act. Due to this request being untimely, memories have faded and records are no longer available to substantiate information. Nonetheless, should the Board determine the request is timely, DPSID recommends denial based on the lack of official documentation in the applicant’s military personnel record. To grant him relief would be contrary to the eligibility criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards. Notwithstanding the above, DPSID determined the applicant’s entitlement to the AM w/3 BOLCs, the Presidential Unit Citation, the Air Force Outstanding Unit Award with Valor, the Vietnam Service Medal with two Bronze Service Stars and the Republic of Vietnam Gallantry Cross with Palm. Upon final Board decision, administrative correction of his official military personnel record will be completed by AFPC/DPSOR. The complete DPSID evaluation, with attachment, is at Exhibit C. AFHRA/RS recommends denial. The applicant’s name does not appear on any Seventh Air Force General Orders for DFC decorations from Jan through Jun 1971. The complete RS evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 8 Nov 2013, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (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. 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, aside from the administrative corrections to his record, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR BC-2013-02799 in Executive Session on 25 Mar 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Feb 1972 [sic], w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 16 Sep 2013, w/atch. Exhibit D. Letter, AFHRA/RS, dated 25 Oct 2013. Exhibit E. Letter, SAF/MRBR, dated 8 Nov 2013. 2 3