RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02092 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: a. His records be corrected to reflect a promotion to the rank of Colonel. b. He be awarded the Air Force Cross (AFC). c. He be awarded the Legion of Merit (LOM) with one Bronze Oak Leaf Cluster. APPLICANT CONTENDS THAT: He was shot down over Hanoi on 2 Dec 66 and spent approximately 6 years and 3 months as a Prisoner of War (POW) during the Vietnam War. At the time of release all POWs were guaranteed a promotion to the next higher rank. He believes he was promoted to the rank of Lieutenant Colonel (Lt Col) while officially a POW and therefore is entitled to the rank of Colonel (Col). In addition to the missing promotion, two Air Force Medals are missing from his record. When he returned, all POWs who served as senior officers within large cells were awarded the AFC and everyone was awarded a LOM. In addition, when officers retired generally all were awarded a LOM. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 Apr 51, the applicant entered the Regular Air Force. On 22 Jul 61, the applicant was promoted to the grade of Captain. On 2 Dec 66, the applicant went Missing in Action (MIA). On 20 Oct 67, the applicant was promoted to the grade of Major. On 7 Aug 69, the applicant’s duty status changed to POW. On 18 Feb 73, the applicant was released from POW status in the grade of Major. On 15 Jun 73, the applicant was promoted to the grade of Lieutenant Colonel. On 31 Aug 76, the applicant retired and was credited with 25 years, 4 months, and 21 days of active service. The applicant’s DD Form 214, Report of Separation from Active Duty, reflect the grade of Lt Col with a date of rank of 22 Jul 75. It also reflects the award of the following Air Force Medals and/or Ribbons: - Silver Star with one Oak Leaf Cluster - Bronze Star Medal with Valor and three Oak Leaf Clusters - Purple Heart with one Oak Leaf Cluster - Distinguished Flying Cross with one Oak Leaf Cluster - Air Medal with two Oak Leaf Clusters - Air Force Commendation Medal with one Oak Leaf Cluster - Small Arms Expert Marksmanship Ribbon - Air Force Longevity Service Award - National Defense Service Medal with one Bronze Service Star On 20 Jul 15, AFPC/DPFCM confirmed the applicant was a POW from 2 Dec 66 through 18 Feb 73. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR) and SAF Personnel Council, which are attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DP2SP recommends to deny the applicant’s request for promotion to the grade of colonel (O-6), indicating there is no evidence of an error or an injustice. It was also recommended the Board find it not in the interest of justice to excuse the delay and deny the application as untimely. In 1967, Air Force policy provided for MIA/POW to be considered for promotion with their contemporaries both for temporary and permanent promotion boards. For promotion to Major and Lieutenant Colonel, consideration would be “Best Qualified” and if they failed selection for promotion, they would be given the “Fully Qualified” review. In 1971, the policy changed to allow MIA/POWs to be considered at the “Fully Qualified” method. After a thorough review of the applicant’s official military personnel record, they believe he was considered for promotion with his contemporaries while in a MIA/POW status and was promoted accordingly. Since, he was not eligible for promotion to the grade of Colonel until 1977, he would not have been entitled for promotion under the MIA/POW rules of engagement. In addition, the applicant retired before he met the eligibility criteria for promotion to Colonel. A complete copy of the AFPC/DP2SP evaluation is at Exhibit C. AFPC/DP3SP recommends to deny the applicant’s request for award of the Air Force Cross (AFC) and Legion of Merit (LOM) with one Bronze Oak Leaf Cluster, indicating there is no evidence of an error or an injustice. Further, the request is not timely. The AFC is awarded to service members who, while serving in any capacity with the United States Air Force distinguish themselves by extraordinary heroism not justifying the award of the Medal of Honor 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; 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. The LOM may be awarded by the Secretary concerned to members of the United States Armed Forces, who, after 8 Sep 39, have distinguished themselves by exceptionally meritorious conduct in the performance of outstanding service. The performance must have been such as to merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, sociality, assignment, or experience of an individual is not an adequate basis for this award. For service rendered in peacetime, the term “key individual” applies to a narrower range of positions than would be the case in time of war and required evidence of significant achievement. In peacetime, service should be in the nature of a special requirement or of an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification of the award may accrue by virtue of exceptional meritorious service in succession of important positons. After a thorough review of the applicant’s official military personnel record, it was not possible to verify award of the AFC or LOM with one Bronze Oak Leaf Cluster. Further, no official documentation in the applicant’s records exists, nor did the applicant provide any, to verify he was recommended for or awarded either of these two medals. It was not possible to locate any Air Force or Department of Defense policy to substantiate the applicant’s claim of all returning POWs who were Senior Officers received award of the AFC or all returning POWs were awarded the LOM. Additionally, no policy was identified to substantiate all officers receive award of the LOM upon retirement. In order to reasonably consider the applicant’s request, he will need to submit a recommendation for award of the AFC and LOM, from someone with firsthand knowledge of the extraordinary heroism and meritorious service, preferably from someone within his chain of command at the time. It was determined the below Air Force Medals and/or Ribbons should have been awarded: - Prisoner of War Medal - Air Force Outstanding Unit Award with Bronze Oak Leaf Cluster - Republic of Vietnam Gallantry Cross with Palm - Vietnam Campaign Medal Upon final Board decision, the applicant’s official military personnel record will be administratively corrected. A complete copy of the AFPC/DP3SP evaluation is at Exhibit D. SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice. Upon review of the applicant’s petition and recommendation of AFPC/DP2SP, this advisor concurs with the assessment to deny the applicant’s requests. A complete copy of the SAF/MRBR evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations and SAF/MRBP Letter were forwarded to the applicant on 29 Dec 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice. We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application. Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application. Accordingly, we find the application untimely. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2015-02092 in Executive Session on 9 Feb 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DP2SP, dated 9 Nov 15. Exhibit D. Memorandum, AFPC/DP3SP, dated 21 Dec 15. Exhibit E. Memorandum, SAF/MRBP, dated 23 Dec 15. Exhibit F. Letter, SAF/MRBR, dated 29 Dec 15.