RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02175
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Medal of Honor (MOH) in lieu of the Silver Star (First Oak Leaf Cluster) (SS (1OLC)) he received for his actions on 11 September 1967.

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APPLICANT CONTENDS THAT:

His actions on 11 September 1967 were definitely deserving of the Congressional Medal of Honor.  

In support of the application, the applicant submits a supportive statement, his personal statement, a copy of his separation document (DD 214), a Silver Star citation (2), a draft White House response, a Distinguished Flying Cross citation (4), a PACAF Order of the Able Aeronaut Award, an Army Commendation Medal citation, and the Republic of Vietnam’s Gallantry Cross with Silver Star citation.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The National Personnel Records Center, St Louis, MO, was unable to locate the applicant’s military personnel records.  As a result, the following is the only known information pertaining to the applicant’s service and was extracted from the partially reconstructed record and from documents provided by the applicant.

The applicant was released from active duty on 31 August 1974 and retired in the grade of Major on 1 September 1974.  He was credited with total active service time of 20 years, 1 month, and 28 days.  He was awarded the Silver Star for gallantry in action on 11 September 1967.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states the MOH is given in the name of Congress to officers and enlisted members who distinguished themselves by gallantry and intrepidity at the risk of their lives, above and beyond the call of duty, in action involving actual combat with an armed enemy of the United States.  Furthermore, the MOH recommendations must be entered formally into the official channels in two years of the act warranting the recommendation, and awarded in three years.  However, a member of Congress can request a consideration of a proposal for the award or presentation of a decoration not previously submitted in a timely fashion.  DPPPR notes there is no supporting documentation from the applicant’s chain of command recommending him for the MOH or upgrading his SS (1OLC) to the MOH.  DPPPR opines the SS is awarded for gallantry in action that does not warrant the MOH.  

The DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his earlier contentions, and provided an additional report of action on the events of September 11, 1967, a PACAF Order of the Able Aeronaut Award with 1st Indorsement, a Republic of Vietnam’s Gallantry Cross with Silver Star citation, and the Point of the Spear Covey Forward Air Controllers in Vietnam (a collection of personal stories and photos) book.  On 29 August 2004, the applicant requested additional information on processing his request his request through Congressional channels.  In his letter dated 21 September 2004, the applicant requested the processing of his case be continued and included copies of aircraft photographs and his childrens’ report cards for the Board’s review.  All the aforementioned documentation is at Exhibit E.  

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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.  After a thorough review of the available evidence and the applicant’s complete submission, we are not persuaded that his records should be corrected to show he is entitled to the award of the Medal of Honor.  Other than his assertions, the applicant has provided no evidence leading us to believe that his superiors erred when he was recommended for the Silver Star for his actions on 11 September 1967 and that recommendation was approved, rather than nominated for award of the MOH.  We are not unmindful or unappreciative of his service to his Nation.  However, in view of the above and absent evidence to the contrary, we no basis on which to favorably consider this application.

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THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 4 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR Docket Number BC-2004-02175:

	Exhibit A.  DD Form 149, dated 27 Apr 04, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPPR, 16 Aug 04.
	Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.
			  Letter; AFBCMR, dated 14 Sep 04.
Exhibit E.  Applicant’s Rebuttal, 27 Aug 04, w/atchs.