RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04413 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC). _________________________________________________________________ APPLICANT CONTENDS THAT: According to a letter he received from a fellow crew member, their squadron, the 773rd Troop Carrier Sq, failed to put him in for the end of tour DFC for their Khe Sanh drops. The omission was caused by his sudden medical retirement. In support of his request, the applicant provides copies of his AFPMC Form 134, Retirement Order, DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, AF Form 618, Medical Board Report, with attachments, and his individual flight records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force Major who served on active duty during the period of 13 June 1956 to 4 November 1968 as a Navigator/Pilot. Upon his retirement, for reason of physical disability, he was credited with serving 12 years, 4 months and 22 days of active duty service of which, 1 year, 11 months and 6 days were credited as Foreign and or Sea Service. Officials at the Air Force Personnel Center (AFPC) were able to determine the applicant had been awarded the Air Medal (AM). The applicant’s records will be updated, to reflect this award. The applicant’s DD Form 214 does not reflect award of the DFC. The “Comments” section of the applicant’s AF Form 707 Field Grade Officer Effectiveness Report dated 5 September 1967 through 21 May 1968 states, as an example of Facts and Specific Achievements, “The applicant has performed his duties as a C-130 navigator in a superior manner while operating primarily in the combat environment of Vietnam and throughout Southeast Asia. In the short time he has been assigned to this organization he has compiled an admirable combat record, having flown 248 combat sorties involving 218 combat flying hours. On a recent tour of temporary duty, he demonstrated a high degree of professionalism when his crew was selected to make emergency resupply airdrops to the beleaguered Khe Sanh combat base. Despite poor weather, limited visibility, and hostile ground fire in the target area, the applicant directed six highly successful airdrops during a three-day period.” The remaining comments expound on the applicant’s exceptional skills as a navigator and his ability to complete his missions in very adverse conditions. The DFC is awarded to any officer or enlisted person of the Armed Forces of the United States who shall have distinguished her/himself in actual combat in support of operations by heroism or extraordinary achievement while participating in an aerial flight, subsequent to 11 November 1918. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states, after a thorough review of the applicant’s military personnel records, they were unable to locate special orders awarding the DFC or any documentation recommending the applicant for the DFC. All decorations, to include the DFC, require a signed written recommendation, submitted into official channels and processed through the approval authority. The recommendation must be submitted within two years and the decoration presented within three years of the act, accomplishment or service performed. However, under the 1996 National Defense Authorization Act (NDAA) (Section 526), which was enacted into law on 10 February 1996, this timeline has been waived. Before they consider any request for consideration of an award, certain processing procedures must be followed. Under this Act, the original or reconstructed written award recommendation is required for the recommended individual. The recommendation must be made by someone, other than the applicant himself, preferably the commander or supervisor at the time of the act or achievement, with firsthand knowledge of applicant’s accomplishments. If someone has firsthand knowledge of the applicant’s accomplishments and achievements, he may act as the recommending official. The recommendation must include the name of the decoration (i.e. DFC), reason for the recognition (heroism, or extraordinary achievement), inclusive dates of the act, and a narrative description of the act. The recommending official must sign the recommendation. Also, a proposed citation is required and chain of command endorsements are encouraged. Statements from fellow comrades, eyewitness statements attesting to the act, sworn affidavits, and other documentation substantiating the recommendation should be included with the package. They realize with the number of years that have passed, the applicant may not have the required documentation immediately available. However, locating former commanders, supervisors, and supportive documentation to support entitlement to any award is the responsibility of the requesting individual. The agencies listed in the attachment, Potential Sources of Information for Veterans, may be of assistance. The complete DPSIDR evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 December 2011, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). To date, a response has not been received. _________________________________________________________________ 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 to warrant awarding the applicant a DFC. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The personal sacrifice the applicant endured for our country is noted; however, insufficient evidence has been presented to warrant award of the DFC. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2011-04413 in Executive Session on 7 June 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2011-04413 was considered: Exhibit A. DD Form 149, dated 28 October 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 21 December 2011. Exhibit D. Letter, SAF/MRBR, dated 29 December 2011.