RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02871

  						COUNSEL:  NONE
  (DECEASED)
  						HEARING DESIRED:  NO 
  (APPLICANT)

APPLICANT REQUESTS THAT:

The decedent’s DD Form 214, Report of Separation from Active Duty, be updated to reflect all awards, citation, and medals that he may be entitled to, to include, the Distinguished Service Medal (DSM) and/or the Distinguished Flying Cross (DFC).

APPLICANT CONTENDS THAT:

Her husband was involved in many campaigns that would include several tours in Southeast Asia and specifically Thailand, Vietnam, and over North Vietnam.  He should have been awarded the DSM and/or the DFC at the least based on the number of combat missions which he flew.  Most of these flights were as a navigator on B-52s.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 November 1957.

On 28 February 1978, the applicant retired, and was credited with 21 years, 6 months, and 14 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibit C and D.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial and states the request was not filed in a timely manner.   In addition, there is no evidence in the former member’s record, nor did the next of kin present any, to support award of the DSM or the DFC.  Further, there is insufficient documentation to reasonably consider the next of kin's request.  In order to reasonably consider the request, the next of kin will need to submit a recommendation from someone with firsthand knowledge of the act/achievement preferably from someone within the former member’s chain of command at the time of the act/achievement, a proposed citation, and eyewitness statements of those who can attest to the act/achievement the next of kin is requesting the DSM or the DFC.  

By way of background, The DFC may be awarded to any persons who, after 6 April 1917, while serving in any capacity with the United States Armed Forces, distinguish themselves by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from comrades or from other persons in similar circumstances.  Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.

In accordance with AFM 900-3, dated 20 November 1969, the DSM (Air Force design) was established on 6 July 1960 and is awarded to United States and foreign military and civilian personnel for exceptionally meritorious service to the United States in a duty of great responsibility while serving in any capacity with the Air Force.  In wartime, a duty of great responsibility is one that involves the exercise of authority or judgment in matters that decide the successful outcome of a major military operation.  In peacetime, it is a duty which carries the ultimate responsibility for the successful operation of a major command, activity, installation, or major program.  The discharge of such duty must involve the acceptance and fulfillment of the obligation so as to greatly benefit the interests of the United States.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

SAF/MRBP reviewed the applicant’s petition and the advisory provided by AFPC/DP3SP, and they concur with the recommendation from AFPC/DP3SP to disapprove the applicant’s request.  There was no documentation in the applicant’s record or in the application to support the award of the DSM or the DFC.

A complete copy of the SAF/MRBP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 24 August 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that the decedent is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-02871 in Executive Session on 27 September 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02871 was considered:

	Exhibit A.  DD Form 149, dated 26 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 Jul 16.
	Exhibit D.  Memorandum, SAF/MRBP, dated 22 Aug 16.
	Exhibit E.  Letter, SAF/MRBR, dated 24 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.