RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02999
	COUNSEL:  NONE

 	HEARING: NO

APPLICANT REQUESTS:

Award of the Distinguished Flying Cross (DFC).

APPLICANT CONTENDS:

He was recommended for the DFC for a spectacular mission he flew on 21 Sep 68, but did not receive the DFC or any other award for this mission.  His Airman Performance Report (APR), dated 12 Jan 69, states he was nominated for the DFC.  He did receive an end of tour DFC.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The DFC may be awarded to any persons who, after 6 Apr 17, 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.

The applicant received an APR covering the period 21 May 68 through 12 Jan 69 in which his rater stated “…(the applicant) has been nominated for the Distinguished Flying Cross for a spectacular mission flown the night of 21 September 1968.” 

Under Special Order G-3863, dated 10 Dec 68, the applicant was awarded the AM for meritorious achievement while participating in aerial flight during the period 17 Sep 68 through 7 Oct 68.

Under Special Order G-1575, dated 21 Apr 69, the applicant was awarded the AM for meritorious achievement while participating in aerial flight on 21 Sep 68.

The applicant was awarded the DFC covering the period 17 Sep 68 through 9 Jul 69 for extraordinary achievement while participating in aerial flight.  

On 30 Sep 88, the applicant retired in the grade of Chief Master Sergeant. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATIONS:

AFPC/DP1SSP recommends denying the application.  AFPC/DP1SSP was unable to verify award of the DFC for 21 Sep 68.  In accordance with (IAW) AFI 36-2803, The Air Force Military Awards and Decorations Program, Section 1.15.10. “Approval of multiple decorations for the same act, achievement, or period of service is considered dual recognition which is prohibited (see definition at Attachment 1).  Personnel awarded two or more decorations for the same act or service must identify this discrepancy to their servicing MPS.  Approve only one decoration for the same act, achievement, or period of service.”  

The applicant was awarded the Air Medal (AM) with one Bronze Oak Leaf Cluster (AM w/1BOLC) per Headquarters Seventh Air Force Special Order G-1575, dated 21 Apr 69, for the inclusive date 21 Sep 68. It appears as though the applicant was appropriately decorated for the mission on 21 Sep 68, and therefore is not eligible for award of the DFC as that would constitute dual recognition.  The complete advisory is at Exhibit C.

SAF/MRBP recommends denying the application, concurring with the recommendation of AFPC/DP3SP to disapprove the applicant’s request for the DFC based upon the applicant having received an AM for the 21 Sep 68 mission.  Although the applicant’s APR indicates he was nominated for the DFC, it is possible the nomination was considered and downgraded to the AM.  It cannot be determined from the evidence provided.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The Board sent a copy of the Air Force evaluation to the applicant on 17 Aug 17 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP1SSP and SAF/MRBP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02999 in Executive Session on 9 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 21 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP1SSP, dated 22 Nov 16.
Exhibit C:	Advisory opinion, SAF/MRBP, dated 14 Aug 17.
	Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Aug 17. 

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.