RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00326
		INDEX CODE:  128.06
		COUNSEL:  None

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be given compensation or a pension for his completion of twenty-five (25) combat missions while serving with the Eighth (8th) Air Force.   

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APPLICANT CONTENDS THAT:

At the time of his discharge he was not properly informed of his entitlement to benefits.  Prior to signing his discharge papers, an officer advised him that this was his last opportunity to sign for benefits he might be entitled to and that he would not be allowed to apply for at a later date.  He was confused and signed his discharge papers and left.  Twenty years later, in 1965, while watching television, Governor George Wallace disclosed that he was receiving a pension for the twenty-five combat missions he flew in the European Theater of Operations (ETO) despite the fact he was not wounded or disabled.  This was the first time he was informed that the pension was service-connected and not for disability.

In support of his appeal, applicant submits a personal statement, copies of his discharge documents and a copy of his combat missions flown.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The National Personnel Records Center (NPRC) has been unable to locate the applicant’s original military records and it is presumed they were destroyed by fire in 1973 at the NPRC in St. Louis.  The following information has been extracted from the reconstructed records provided by the NPRC and the records provided by the applicant.

The applicant enlisted in the Army of the United States and entered active duty on 22 August 1942.  At the time of his discharge he held the grade of technical sergeant.

The applicant was assigned to the XXXXth Army Air Force Base Unit as an Airplane and Engine Mechanic.  He served in the European Theater of Operations from 5 December 1943 through 22 August 1944, when he returned to the Continental United States.  

The applicant was honorably discharged on 3 September 1945, for the Convenience of the Government (Demobilization).  He was credited with 2 years, 3 months and 21 days of continental service and 8 months and 21 days of foreign service.  His discharge document shows he had participated in the Northern France campaign.  He was awarded the Air Medal with 4 Oak Leaf Clusters, Distinguished Flying Cross, Distinguished Unit Badge and the European-African-Middle Eastern Service Medal.   

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AIR FORCE EVALUATION:

HQ AFPC/DPPD reviewed the application and recommends denial.  DPPD states that during WWII era, and prior to the Career Compensation Act of 1949, all disabled members were medically retired by the Adjutant General’s Office of the War Department.  After the War Department certified the members as being disability retired, they were turned over to the Veteran’s Administration.  Once these determinations were made, they were final for all purposes.  Once a disability was awarded, it was a total disability.  There were no “percentage” ratings other than 100 percent and all disability retirees at that time received 75 percent of their retired pay, which was the maximum retirees could ever receive in any sort of retired pay.  DPPD states that the applicant has not provided any evidence that he was found unfit for continued military service due to a disability at the time of his discharge, or proof that a special compensation “pension” of $50 a month was authorized for 8th Air Force crewmembers assigned to ETO following twenty-five missions.  The AFPC/DPPD evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 8 August 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response.  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 error or injustice.  The applicant asserts he is entitled to receive a pension for having completed 25 combat missions.  We are unaware of any official War Department policy or regulation that provided for such pension.  There is information available to us indicating that members assigned to the 8th Air Force during the period 1942 to 1944 could be recommended for award of the Distinguished Flying Cross (DFC) based on the completion of 25 missions in a heavy bomber.  This seems to hold true for the applicant as his discharge document reflects the award of the DFC during this period.  While we do not doubt his sincerity, more than fifty years have elapsed since the period under review and, for this reason, without some official documentation to substantiate the applicant’s assertions, we are not persuaded that approval of his request is appropriate.  Therefore, in view of the above and in the absence of evidence that the applicant was treated differently from other similarly situated former members, we find no compelling basis to recommend granting 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 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 26 November 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 January 2002.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPD, dated 15 May 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 8 August 2002.