RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01031
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Distinguished Flying Cross.

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APPLICANT CONTENDS THAT:

All of his crew received the DFC but he did not receive the medal.

In support of his appeal, the applicant provided congressional correspondence, which included his personal statements, supportive statements, a proposed citation for award of the DFC, extracts from his military personnel records, and other documents associated with the matter under review.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Recognition Programs Branch, AFPC/DPPPR, reviewed this application and recommended denial.  DPPPR noted that the applicant served on active duty during the period 27 Feb 42 to 17 Sep 45, with two overseas tours.  The first overseas tour was in the Pacific Theater of Operations, during the period 28 Apr 42 to 12 Apr 43; his second tour was in the European Theater of Operations, during the period 21 May 44 to 3 Jul 45. Unfortunately, the applicant's records were destroyed in the 1973 fire in the National Personnel Records Center.  However, his Report of Separation (WD AGO Form 53-55) reflects award of the Air Medal with 1 Silver Oak Leaf Cluster and European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars.  DD Form 215 on 12 Sep 94 added the World War II Victory Medal.  The applicant is also entitled to the American Campaign Medal and Asiatic-Pacific Campaign Medal; these have not been added yet, to preclude publishing an excessive number of DD Forms 215.

DPPPR also noted that the waist gunner of the applicant’s crew in the 712th Bombardment Squadron provided a statement in which he confirmed that he had received the DFC for completing 35 missions, that the applicant had completed 35 missions, and the standard practice in the 8th Air Force was award of the DFC for completing a tour of duty (35 missions by 1945).  He recommended the applicant for award of the DFC.  A second crewmember (position unidentified, but held the rank of first lieutenant) provided an affidavit stating he had received the DFC “as did several other members of this crew.”  He also recommended the applicant be awarded the DFC for his accomplishments as tail gunner and provided a proposed citation.

DPPPR indicated that the applicant first submitted an application for correction of military record in 1994; the case was denied in their office (under policy in practice at that time) because the applicant did not provide a written recommendation.  He submitted requests through Congressional channels on three occasions, two of which were forwarded to Secretary of the Air Force Personnel Council Board, and both were denied on 11 Mar 99, 6 Jul 00, and 22 Feb 01.  Since the applicant’s accomplishments occurred over 55 years ago, and most of the personnel in his chain of command and crewmembers are deceased, they consider the written recommendations made on 27 Apr 99 and 16 Aug 00 to be valid recommendations under the National Defense Authorization Act of 1996.  However, the proposed citation only covers the period 17 Jun 44 to 6 Dec 44.  Both of the applicant’s overseas tours should be included (28 Apr 42 to 12 Apr 43 and 21 May 44 to 3 Jul 45) to ensure that all 35 combat flight missions are included.  The applicant stated that the 8th Air Force policy at that time was to award the DFC for completion of 35 combat flight missions, and that he did complete 35 combat flight missions.  However, in 1943 Headquarters (HQ) Army Air Forces changed the policy regarding award of the DFC and Air Medal (Attachment 1). The Commanding General of the Army Air Forces stated that under no circumstances would the DFC be automatically awarded based solely on the number of combat flight missions accomplished; unfortunately, the change took time reaching commanders in the field.

A complete copy of the DPPPR evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response indicating that all his crew members received the DFC, to be sure all the officers.  He asks for nothing more than what his crew members have received.

Applicant’s complete response is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  After a thorough review of the evidence presented, to include the statements from members of the applicant’s crew, we are sufficiently persuaded that the applicant flew the requisite missions (35) during his two overseas tours, which included the periods 28 Apr 42 to 12 Apr 43 and 21 May 44 to 3 Jul 45, that would have resulted in the award of the DFC had the change in policy in 1943 not occurred.  According to one member of the applicant’s crew, it was the standard practice of the 8th Air Force to award the DFC for completion of 35 combat flight missions.  After the change in policy in 1943, we note that a recommendation from an immediate supervisor or someone having firsthand knowledge of the act or achievement was required.  While it does not appear that the applicant would have met the criteria for award of the DFC based on the latter policy, when both of his tours are included, it appears he would have met the earlier requirement.  Therefore, in view of the applicant’s dedicated service and sacrifice for his country, we believe it is in the interest of justice to award the applicant the DFC.  Accordingly, we recommend that the applicant’s records be corrected to reflect award of the DFC.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Distinguished Flying Cross for extraordinary achievement
while participating in aerial flight during the periods 28 Apr 42 to 12 Apr 43, and 21 May 44 to 3 Jul 45.

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The following members of the Board considered this application in Executive Session on 27 Sep 01, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 5 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 9 Aug 01.
     Exhibit D.  Letter, SAF/MIBR, dated 17 Aug 01.
     Exhibit E.  Letter, applicant, dated 21 Aug 01.

                                   
                                   Panel Chair

AFBCMR 01-01031

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that he was awarded the Distinguished Flying Cross for extraordinary achievement while participating in aerial flight during the periods 28 Apr 42 to 12 Apr 43, and 21 May 44 to 3 Jul 45.

                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency