RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00226 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. He be awarded the Air Medal (AM), with fourth Oak Leaf Cluster. 2. The award date of his Aircrew Member Badge be changed from 9 Feb 68 to 26 Nov 67. 3. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to add the following Air Force Medals and/or Ribbons: a. Air Medal, with fifth Bronze Oak Leaf Cluster (AM w/5th OLC). b. Aircrew Member Badge. c. Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster (AFOUW w/V & 1BOLC) (Administratively Corrected). d. Vietnam Service Medal with six Bronze Service Stars (VSM w/1SSS) (Administratively Corrected). e. Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) (Administratively Corrected). APPLICANT CONTENDS THAT: His DD Form 214 does not accurately capture all of his Air Force Medals and/or Ribbons. He only recently discovered the errors and wants his records corrected so that his grandchildren have an accurate accounting of his military service. He was awarded six AMs during this service; however, the 4th BOLC is not reflected in his records and although he has the special orders awarding him the AM, 5th BOLC it was awarded after his discharge and therefore missing from his DD Form 214. His DD Form 214 is also missing the RVNGC and the correct number of AFOUA and VSM. The Aircrew Member Badge is listed on his AF Form 7 but not on the DD Form 214. The records show the original presentation date was lined out and then being reapplied four months later. This is the only proof that I have regarding authorization for this badge. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 23 Jun 66, the applicant entered the Regular Air Force. On 10 Apr 68, the applicant was awarded the AM by Special Order G- 1077. On 5 Oct 68, the applicant was awarded the AM, 1st thru 3rd OLC by Special Order G-3040. On 26 Aug 70, the applicant was furnished an honorable discharge, and was credited with four years, two months, and four days of active service and one year, eight months and seven days of Foreign Service. The applicant’s DD Form 214 reflected the following Air Force Medals and/or Ribbons: - National Defense Service Medal - Air Force Longevity Service Award - Republic of Vietnam Campaign Medal - Vietnam Service Medal with two Bronze Service Stars - Air Force Good Conduct Medal - Air Medal with three Bronze Oak Leaf Clusters On 16 Nov 70, the applicant was awarded the AM, 5th OLC by Special Order G-5191. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID defers to the Board’s discretion regarding the merits of the case to award of the AM, 4th BOLC. The AM may be awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 Sep 39, distinguishes themselves by meritorious achievement while participating in aerial flight. The AM may be awarded for combat or non-combat action in recognition of single act of valor, heroism, or merit while participating in aerial flight. Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight. Although the applicant's records contain orders for the award of the basic AM, 1st through 3rd Oak Leaf Clusters and a 5th Oak Leaf Cluster, there is no record of the award of the 4th Bronze Oak Leaf Clusters. While it appears more likely than not the applicant was awarded a 4th Oak Leaf Cluster, without official documentation, such as the Special Order, they were unable to verify the award. The Special Order is the official source document for verification of award. Based on our review they were able to determine that the below Air Force Medals and/or Ribbons should have been awarded: - Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster. - Vietnam Service Medal with one Silver Service Star and one Bronze Service Star. - Republic of Vietnam Gallantry Cross with Palm. Upon final board decision, the applicant's official military personnel record will be administratively corrected. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. HQ USAF/A3OM recommends approval for award of the Aircrew Member Badge to be listed on the applicant’s DD Form 214, and recommends leaving the effective date as it appears in his current record, 9 Feb 68. Based on the documentation provided and the applicant’s official military record, it indicates he was authorized the Aircrew Member Badge. However, they could not validate the effective date. In accordance with AFM 35-13(C1) Flying Status, Aeronautical Ratings, Designations, and Parachute Jump Status, dated 31 Jan 69, “Such permanent award will be published in Special Orders and entered in the AF Form 7 of individuals so entitled”. The official source documentation on the AF Form 7 did have a date of 26 Nov 67 lined thru but below it had a date of 9 Feb 68. A complete copy of the HQ USAF/A3OM evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Oct 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; however, it is in the interest of justice to waive the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPSID that they could not verify the award of the AM 4th OLC, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant was awarded an AM 3rd OLC and AM 5th OLC and therefore, it appears more likely than not he was also awarded an AM, 4th Oak Leaf Cluster. With regards to the Aircrew Member Badge, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rational as the basis for our conclusion with regards adding the Badge to the applicant’s DD Form 214. However, we conclude sufficient relevant evidence has not been presented to demonstrate the existence of an error or injustice regarding the date of the Badge. Therefore, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. He was awarded the Air Medal, 4th Bronze Oak Leaf Cluster. b. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, Block 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, be corrected to reflect award of the Air Medal with fifth Bronze Oak Leaf Cluster, and Aircrew Member Badge. The following members of the Board considered AFBCMR Docket Number BC-2015-00226 in Executive Session on 09 Dec 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 1 Jul 15. Exhibit D. Memorandum, HQ USAF/A3OM, dated 20 Jul 15. Exhibit E. Letter, SAF/MRBR, dated 9 Oct 15.