RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00790-2

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Distinguished Flying Cross (DFC) be upgraded to the Silver Star (SS).

APPLICANT’S CONTENTIONS

The DFC awarded on 23 Apr 66, was incorrectly submitted and did not reflect actual combat for that date, which included “first USAF MiG Kill in 7 Months in SEA.”  MiG kills [aerial victories] during the Vietnam War resulted in award of the SS rather than the DFC.  In support of the requested relief, the applicant submitted a copy of his Officer Evaluation Report (OER) from that period, which documents first-hand knowledge of the event by his chain of command.  He also provided the URL for the publication Aces and Aerial Victories, The United States Air Force in Southeast Asia 1965-1973, published by The Albert F. Simpson Historical Research Center Air University and Office of Air Force History Headquarters USAF 1976.

The applicant’s complete submission is at Exhibit A. 

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).

On 10 Oct 58, the applicant entered the Regular Air Force.  

On 23 Apr 66, according to documentation submitted by the applicant, he was credited with shooting down a MiG-17.  

According to the applicant’s OER for the period 15 May 65 through 12 May 66, while assigned to the 555th Tactical Fighter Squadron (TFS), 8th Tactical Fighter Wing (TFW), he was credited with destroying a high performance enemy fighter, the first kill [aerial victory] in seven months.

On 17 Aug 66, Special Order XXX, was published awarding the DFC to the applicant for heroism while participating in aerial flight on 23 Apr 66.  

On 30 Jun 80, the applicant was honorably discharged, and retired effective 1 Jul 80, having served 21 years, 8 months, and 21 days of active service, to include 6 years, 11 months, and 28 days of Foreign Service.  

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

APPLICABLE AUTHORITY/GUIDANCE 

According to the Air Force Historical Research Agency, the 555th TFS was the only squadron in the 8th TFW to achieve any aerial victory credits in 1966.  The Special Orders for the DFC do not note that the award is for shooting down enemy aircraft, only that the individual is recognized for doing something significant on a specific day.  Since the day of the shoot down and the day of the unnamed act noted on the order are the same, it is assumed that the award was for shooting down an enemy aircraft. 

A review of awards crewmembers from other wings received in recognition of their aerial victory revealed a different picture than how the 8th TFW recognized 555th TFS aircrews.  Specifically, it appears the standard award package submitted in recognition for an aerial victory for 8th TFW aircrew was a DFC for Heroism.  Other factors may have influenced the original award submission to meet the criteria of Gallantry and subsequent submission or upgrade for a SS.  However, neither the Seventh Air Force nor the Pacific Air Forces limited what type of award could be submitted to their Awards and Decorations Board for an aerial victory credit - a DFC for Heroism or a SS for Gallantry.   

The applicant was a member of the 555th TFS under the 8th TFW.  The following is a listing of how different wings recognized their aircrew for aerial victories:

	Squadron	Aerial
Victories	Date	Medal
Aircraft Commander	Medal
Back-Seat Pilot	
8 TFW*	555 TFS	1	23 Apr 66	DFC (Applicant)	DFC	
8 TFW	555 TFS	1	23 Apr 66	DFC	DFC	
8 TFW	555 TFS	1	29 Apr 66	DFC	DFC	
8 TFW	555 TFS	1	29 Apr 66	DFC	DFC	
8 TFW	555 TFS	1	30 Apr 66	DFC	DFC	
8 TFW	555 TFS	1	16 Sep 66	SS	SS	
Total		6		SS (2); DFC (10)	
35 TFW	480 TFS	1	26 Apr 66	DFC upgraded to SS	N/A	
35 TFW	480 TFS	1	14 Jul 66	DFC upgraded to SS	N/A	
35 TFW	480 TFS	1	14 Jul 66	DFC upgraded to SS	N/A	
35 TFW	390 TFS	1	12 May 66	SS	DFC	
Total		4		SS (4); DFC (1)	
366 TFW	480 TFS	1	6 Nov 66	SS	SS	
366 TFW	480 TFS	1	6 Nov 66	SS	SS	
Total		2		SS (2)	
355 TFW	333 TFS	1	21 Sep 66	Unknown	N/A	
Total		1		0	
388 TFW	34 TFS	1	29 Jun 66	SS	N/A	
388 TFW	421 TFS	1	18 Aug 66	SS	N/A	
388 TFW	469 TFS	1	21 Sep 66	DFC	N/A	
388 TFW	Unknown	1	4 Dec 66	Unknown	N/A	
Total		4		SS (2); DFC (1); Unknown (1)	

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After a thorough review of the applicant’s official military personnel record and provided documentation, they were unable to verify a request to upgrade the DFC to the SS from someone who had firsthand knowledge of the act/achievement at the time of the act/achievement.  Air Force Regulation 30-14, dated 21 May 53 states:

The DFC is awarded to any member of the Armed Forces of the United States and any member of the Armed Forces of friendly foreign nations, who, while serving in any capacity with the Air Force, distinguishes himself by heroism or extraordinary achievement while participating in aerial flight.  Both heroism and achievement must be entirely distinctive, involving operations that are not routine.

The SS is awarded to any person, military, civilian, or foreign, who, while serving in any capacity with the Air Force, distinguishes himself by gallantry in action against an enemy of the United States.  Gallantry means heroism of high degree involving risk of life.  

While the applicant contends the DFC for 23 Apr 66 was incorrectly submitted and did not reflect actual combat for that date which included “first USAF MiG Kill in 7 months in SEA,” there is no one to corroborate this statement.  Per Title 10 United States Code, Section 1130, Consideration of proposals for decorations no previously submitted in timely fashion: procedures for review: “Determinations under this section regarding the award or presentation of a decoration shall be made in accordance with the same procedures that apply to the approval or disapproval of the award or presentation of a decoration when a recommendation for such award or presentation is submitted in a timely manner as prescribed by law or regulation.”  The applicant’s act/achievement was considered at the time of award of the DFC over 50 years ago, and the documentation now presented does not appear to provide any additional information which was not “known” at the time.    

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Jul 21, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.   The Board notes AFPC/DP3SP erroneously states there is no one to corroborate the applicant’s statement that he had the first MiG Kill in 7 months; however, the applicant’s OER, the publication Aces and Aerial Victories, The United States Air Force in Southeast Asia 1965-1973, and the Air Force Historical Research Agency fact sheet verify the applicant had an aerial victory [MiG Kill] on 23 Apr 66.  Nevertheless, the Board finds a preponderance of the evidence does not substantiate the applicant’s contentions his extraordinary achievement while participating in aerial flight on 23 Apr 66, although clearly heroic, warranted approval of the SS.  In this regard, there is no evidence the applicant’s actions rose to the level of heroism of a high degree necessary for award of the SS for gallantry in action against an enemy of the United States.  As noted above, the majority of crewmembers in the applicant’s Wing received the DFC for aerial victories, and while other Wings may have submitted their aircrew for the SS, or upgraded their DFC to a SS for aerial victories, the circumstances may have been different. To usurp the authority of those empowered and entrusted to make these decisions almost 60 years later, the Board must have evidence that shows their actions clearly were in error or caused the applicant to be the victim of an injustice.  There is no such finding in this case.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2015-00790-2 in Executive Session on 11 Aug 21:

, Chair, AFBCMR 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Jul 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 13 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 Jul 21.

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