RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00203
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

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APPLICANT CONTENDS THAT:

His commander during World War II recommended an entire crew of ten men for the DFC, and he was the only crewmember who did not receive this decoration.

In support of his appeal, the applicant provided a personal statement, letter from a crewmember, dated 12 February 1998, and other documentation.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Records Center (NPRC).  Limited military records were available.

The applicant enlisted into the Air Corps on 12 November 1941 for a period of four (4) years.

Applicant was discharged on 25 September 1945, in the grade of Staff Sergeant with an honorable discharge, under the provisions of AR 615-365 (Convenience of the Government - Demobilization).  He served a total of 3 years, 3 months and 28 days of total active military service.

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AIR FORCE EVALUATION:

The Promotion, Evaluation and Recognition Division, HQ AFPC/DPPPR, reviewed this application and states that in 1999, the applicant’s case was sent to the Secretary of the Air Force Personnel Council Board, and his request was denied because he did not provide any documentation recommending him or that he was eligible, due to having performed an act of heroism or extraordinary achievement during a combat flight mission.  The applicant states, and provides a statement from another individual, that he flew 35 combat flight missions.  The applicant and that individual also state that all the crewmembers, except the applicant, received the DFC.  Of the nine other crewmembers, only the records for four of the named individuals could be located.  Of those four, one does not contain a Report of Separation (the individual who provided the statement); of the three remaining individuals, only two received the DFC.  The applicant has not provided any documentation showing he was recommended for the DFC, or any documentation showing he was eligible for the DFC.  He did not provide any documentation to substantiate his claim that the nine other crewmembers received the DFC, and their records do not substantiate this claim.  The DFC is awarded for heroism or extraordinary achievement during a combat flight mission.  The applicant has not provided any documentation or information showing he met the criteria, and the letter of recommendation from the other individual did not state that the applicant met the criteria.  Therefore, they can not verify that the applicant is eligible for the DFC.  Therefore, they recommend disapproval of the applicant’s request.

A complete copy of the Air Force evaluation, with attachment, is attached at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 June 2001, a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office.

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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 probable error or injustice warranting award of the Distinguished Flying Cross (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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 3 July 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 January 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 18 May 2001, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 1 June 2001.

					   
					   Panel Chair