RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04038 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His award of the Distinguished Flying Cross (DFC) be upgraded to the Silver Star (SS) for action on 7 February 1970. APPLICANT CONTENDS THAT: He was nominated for the Silver Star, but it was downgraded to the Distinguished Flying Cross. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered active duty in the Regular Air Force on 21 October 1966. On 6 July 1970, the applicant was furnished an honorable discharge, and was credited with 3 years, 8 months, and 16 days of active service and credited with 2 years, 1 month and 9 days of foreign and/or SEA service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The Silver Star may be awarded to any individual while serving in any capacity with the United States Armed Forces, who distinguishes himself or herself by gallantry in action under any of the following circumstances: while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. After a thorough review of the applicant’s official military personnel record, they were unable to verify upgrade of the DFC to the SS. The applicant received the basic award of the DFC for heroism on 7 February 1970 per Seventh Air Forces Special Order G-2452 dated 1 June 1970. DPSID was unable to locate - nor did the applicant provide a recommendation for upgrade from someone with firsthand knowledge of the act/achievement, eyewitness statements, or a proposed citation for the SS. The applicant contends all officers involved received the SS while his decoration was downgraded to the DFC solely due to him being an enlisted airman; however, the applicant has not provided any documentation to support this claim. Based on their review of the applicant’s official military personnel record, they were able to determine that the Presidential Unit Citation (PUC), Air Force Outstanding Unit Award with Valor (AFOUA w/V), Vietnam Service Medal with four Bronze Service Stars (VSM w/4BSS), and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) should have been awarded during the applicant’s service and were not reflected in his records. Upon final board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR. There is no evidence in the applicant’s record nor was any provided to support upgrade or justify an error or injustice exists. In order to reasonably consider the applicant’s request, he will need to submit a recommendation for upgrade from someone with firsthand knowledge of the act/achievement preferably from someone within his chain of command at the time of the act/achievement, a proposed citation, and eyewitness statements. To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP concurs with the recommendation from AFPC/DPSID. MRBP states the applicant did not provide evidence that he had been nominated for a SS or any evidence to support the claim that he was only awarded a DFC since he was enlisted. In order to support his request, he would need to provide evidence of such an injustice, as well as a recommendation for upgrade from someone within his chain of command at the time of the act, a proposed citation, and eyewitness statements. A complete copy of the SAF/MRBP evaluation is at Exhibit D. AFHRA states the applicant was bestowed the Distinguished Flying Crosse (DFC), twice, one for his actions on 7 February 1970 and one for his actions one week later, on 14 February 1970. The claimant states that his actions on 7 February 1970 resulted in a recommendation for the Silver Star which was downgraded to a DFC. He also states that the reason why it was downgraded was because he was an enlisted man, while the officers on the crew received the Silver Star. A review of the Seventh Air Force General Orders that awarded the Silver Star for actions in 1970 does not bear out the claimant’s assertion. In fact, no member of the 16th Special Operations Squadron received any Silver Star medals for actions on 7 February or 14 February 1970. All unit members who received awards for these two missions that the claimant participated as a crewmember on both 7th and 14th February 1970, whether officer or enlisted, received the DFC. No Silver Stars were bestowed. On the mission of 7 February, 10 crew members, including the claimant, both officers and enlisted, received the DFC. On the mission of 14 February, eleven of the crew members, including the claimant, both officers and enlisted received the DFC. Details are attached. Therefore, with no evidence produced that an injustice occurred, or that the applicant’s award was downgraded, or that favoritism was shown in favor of officers over enlisted (as both received the same level of award), this historical researcher believes that the claimant’s request be denied. A complete copy of the AFHRA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 March 2016 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. There is no evidence in the applicant’s record nor was any provided to support upgrading the award of the Distinguished Flying Cross to the Silver Star. We note that AFPC/DPSID has verified the applicant’s entitlement to the Presidential Unit Citation, Air Force Outstanding Unit Award with Valor, Vietnam Service Medal with four Bronze Service Stars, and the Republic of Vietnam Gallantry Cross with Palm, and that his records will be corrected administratively. Therefore, other than the administrative corrections cited above, we find no basis to recommend granting any additional relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2014-04038 in Executive Session on 1 April 2016 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04038 was considered: Exhibit A. DD Form 149, dated 28 September 2014, w/atch. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 5 December 2014. Exhibit D. Memorandum, SAF/MRBP, not dated. Exhibit E. Memorandum, AFHRA/RS, not dated. Exhibit F. Letter, SAF/MRBR, dated 2 March 2016.