RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00602

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His three Distinguished Flying Cross (DFC) medals be change to include a Valor (“V”) device.

APPLICANT’S CONTENTIONS

He was awarded three DFC medals for heroism/valor in combat during the Vietnam War.  However, the Air Force did not have a “V” device for heroism/valor when he was awarded the medals.  His performance resulting in the medals being awarded is within the criteria for the “V” device.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Regular Air Force colonel (O-6).  He was credited with 23 years, 3 months and 27 days of active service.

We attempted to obtain copies of his Master Human Resource Records from the National Personnel Records Center (NPRC); however, they were not available.  

APPLICABLE AUTHORITY

Air Force Manual 36-2806, Awards and Memorialization Program:

A2.7. Distinguished Flying Cross (DFC).  The medal was established by an act of Act of Congress on 2 Jul 26 and is currently awarded pursuant to 10 USC § 9279.  The medal is awarded to any persons who, after 6 Apr 17, while serving in any capacity with the Air Force, distinguish themselves by heroism or extraordinary achievement while participating in aerial flight.  Both heroism and achievement are entirely distinctive, involving operations that are not routine.
A2.7.1. Eligibility. 
A2.7.1.1. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. 
A2.7.1.2. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from comrades or from other persons in similar circumstances.
A2.7.1.3. Awards are made only to recognize single acts of heroism or extraordinary achievement; they are not made in recognition of sustained operational activities against an armed enemy.

Table A2.2. The DFC is authorized a “V” device.
Attachment 13.  Preparing and Processing Valor Decorations and Unit Awards. 
A13.1. General Information.  Members who perform an act(s) of valor will be accorded appropriate recognition based solely on the merits of his or her actions.  Grade will not be a factor in determining the type or level of valor recognition, nor are quotas established limiting the number of valor decorations that may be recommended or approved.  
A13.2. Preparing a Recommendation.  Recommendations for valor decorations contain the following documents. 
A13.2.1. Narrative Justification.  The narrative justification is a detailed description of the act(s) performed; it accompanies the AF Form 3994, Recommendation for Decoration Deployment/Contingency Operation. 
A13.2.2. Supporting Documents.
A13.2.3. Proposed Citation. 

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 finds there is insufficient evidence to award a Valor device to his DFC medals.  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-2020-00602 in Executive Session on 6 Oct 20:

, Panel Chair
, 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 22 Jan 20.
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.