RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03002 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Distinguished Flying Cross (DFC) for heroism as of 1 Jun 2004. 2. He be retroactively promoted to Master Sergeant on the 2008E7 Promotion Board. ________________________________________________________________ APPLICANT CONTENDS THAT: He was the only aircrew member on a 23 March 2003 combat mission who did not receive the DFC. He was inadvertently omitted from the award package because he was embedded in the aircrew from a different unit than the other crew members. Once the error was identified, an award package submitting him for the DFC was generated on two separate occasions but was lost or destroyed on both occasions. Had he received the DFC when the other crew members did, he would have been selected for promotion to master sergeant (E-7) during the 2008 E7 promotion cycle. A decoration of this magnitude could have easily advanced him to the rank of senior master sergeant and possibly chief master sergeant. Therefore, he deserves to be a retired in the grade of master sergeant, with associated pay and benefits. In support of his request, the applicant provides copies of a photograph of the aircrew in question, special orders reflecting the award of the DFC to the other aircrew members, unsigned documentation related to his submission for the DFC, his weighted airman promotion system score notice for the contested promotion cycle, and several supporting statements attesting to the essential role he played as a Pararescue aircrew member and sole Personnel Recovery (PR) asset on a MC-130 aircraft infiltrating Special Operations Forces (SOF) into Northern Iraq on the first night of Operation IRAQI FREEDOM, his actions maintaining calm aboard the aircraft and ensuring physical and mental readiness of air crew members and infiltration troops in the face of heavy anti-aircraft artillery, his efforts supporting the expeditious offload of combat troops and equipment in the dark, and his efforts in the years following the mission to submit the proper recommendation through command channels for the requested decoration. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: From 17 Jan 2003 to 16 Jan 2004, the applicant was an AF pararescue aircrew member assigned to the 321st Special Tactics Squadron (AFSOC), RAF Mildenhall, United Kingdom. During that period his EPR states he “Infiltrated by C-130 under enemy fire into Northern Iraq! Established airfield and fortified medical facilities.” The DFC is awarded to any officer or enlisted person who distinguished her/himself in actual combat in support of operations by heroism or extraordinary achievement while participating in an aerial flight. On 23 Feb 2004, the applicant received the Air Medal for the period from 19 Mar 2003 to 13 April 2003 for airmanship and courage during 10 low level combat missions. The applicant was selected for promotion to the grade of master sergeant (E-7) during the 2010 E7 promotion cycle, but turned down the promotion and retired on 1 Dec 2010. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C, D, and E. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial due to the lack of a special order or signed recommendation for the DFC. While the applicant’s submission includes various statements attesting to the crucial impact the applicant’s professional and decisive actions had on the mission in question, there was no evidence located in his master personnel records that he was awarded the DFC, nor was there any signed, official documentation indicating that he was recommended for the DFC. Although the applicant’s case has merit, without a special order or signed recommendation, DPSIDR must recommend denial of the applicant’s request. A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. AFPC/DPSOE states that had the applicant been awarded the DFC on 1 Jun 04 with the rest of the aircrew, the first time the contested decoration (worth 7 points) would have been used in the promotion process was cycle 05E7 to MSgt. The applicant was considered and nonselected for promotion to MSgt five times (cycles 5E7—09E7) before becoming a select for cycle 10E7. He received PSN 71.0 which incremented 1 Aug 10; however, applicant chose to retire effective 1 Dec 10 instead of accepting the stripe. Should the board grant the applicant’s request and direct he be provided supplemental consideration, he would remain a nonselect for cycles 05E7—07E7 as his scores would not be sufficient to meet the cutoff score required for promotion. He would, however, become a select for cycle 08E7. He would receive promotion sequence number 753.9, which incremented 1 Sep 08. A complete copy of the AFPC/DPSOE evaluation is at Exhibit D. AFPC/DPSOR recommends denial noting the applicant’s request for the DFC is untimely. The incident resulting in the award of the DFC to other crewmembers was 23 Mar 03; other crewmembers received the DFC on 1 Jun 04. The Air Force will only be able to retire the applicant in the grade of MSgt if the Board awards him the DFC and directs supplemental promotion consideration which results in his promotion to MSgt. We defer to AFPC/DPSIDR concerning award of the DFC but ask the Board to take note of the many unsigned documents presented as evidence. A complete copy of the AFPC/DPSOR evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes virtually every point described in the Air Force evaluations and provides copies of additional documentation intended to demonstrate that he exercised due diligence in attempting to correct the record by repeatedly attempting to submit the required recommendation through command channels, only for the submissions to be lost or destroyed. In support of his response, the applicant provides additional supporting statements attesting to the existence of these recommendations and describing the environment at his unit which probably contributed to their loss. The applicant’s complete response, including attachments, is at Exhibit F. ________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting correction of the applicant’s records to reflect his entitlement to the Distinguished Flying Cross (DFC). We note the comments of the Air Force office of primary responsibility indicating that a special order or signed recommendation stating the applicant was to be awarded the DFC could not be located, and that the recommendation included in the applicant’s submission is unsigned. Nonetheless, after careful review of the applicant’s complete submission, to include the many supporting statements indicating that, for whatever reason, the applicant was the only member of the aircrew on the UGLY BABY mission who did not receive the DFC, we believe it would be in the interest of equity and justice to award the applicant the DFC. We also note the applicant would have been selected for promotion to the grade of master sergeant (E-7), effective and with a date of rank of 1 Aug 08, had this decoration been part of his military personnel records. Therefore, in view of this and to preclude the possibility of an injustice to the applicant, we believe it appropriate to correct the records to reflect he was so promoted and that he retired in that grade, effective 1 Dec 10. As for the applicant’s contention that he could have had an opportunity to compete for further promotions had the requested decoration been approved, we find these assertions speculative, and speculation is not a basis for granting any additional relief beyond that recommended 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 Distinguished Flying Cross for heroism on 22 March 2003 while participating in aerial flight as a MC-130H Personnel Recover/Casualty Evacuation Coordinator in Northern Iraq during Operation IRAQI FREEDOM. b. He was selected for promotion to the grade of master sergeant (E-7), effective and with a date of rank of 1 September 2008 and that he retired in that grade on 1 December 2010. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03002 in Executive Session on 9 February 12, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 June 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 14 Sep 11. Exhibit D. Letter, HQ AFPC/DPSOE, dated 18 Oct 11. Exhibit E. Letter, HQ AFPC/DPSOR, dated 7 Nov 11, w/atchs. Exhibit F. Letter, SAF/MRBR, dated 18 Nov 11. Exhibit G. Letter, Applicant, dated 10 Dec 11, w/atchs.