RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01288
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Air Medal with 4th Oak Leaf Cluster (AM 4OLC) awarded for accomplishments on 10 Oct 44 be upgraded to a Distinguished Flying Cross (DFC).

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APPLICANT CONTENDS THAT:

The commanding officer of the 65th Bombardment Squadron (65 BS) made the recommendation for the DFC on 23 Jun 45.

He provides copies of a 28 Feb 02 email from the former pilot recommending the radio operator for the DFC and a 23 Jun 45 recommendation from the 65 BS commander for the DFC for the pilot. In his email, the pilot claims the entire crew was assured they would be recommended for the DFC and, 50 years later, he was finally awarded the DFC. The former squadron flight surgeon provides an 8 Mar 01 statement asserting the crew was put in for the DFC but the award was never processed. The former surgeon contends the pilot, the applicant and the radio operator deserve the award. The applicant also provides a narrative of his exploits entitled “My Lucky Dice.”

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center.  The following information was extracted from official documents provided by the applicant (Exhibits A and C).

According to his Report of Separation, the applicant entered active duty on (7-?) Feb 44.  He was deployed to New Guinea on 22 May 44. 

On 10 Oct 44,the applicant was the co-pilot of a B-24 aircraft taking part in a mass formation daylight strike against the strongly defended and strategically important Japanese oil refinery base at Balikpapen, Borneo. The crew executed a perfect bombing run, during which a shell struck the aircraft’s bomb bay and exploded in the fuselage, killing the navigator and wounding three of the gunners. Although badly damaged by machine gun and anti-aircraft fire, the B-24 returned and landed successfully.

The applicant returned to the US on 11 Jun 45. On 29 Jun 45, applicant was awarded the AM 4OLC for meritorious achievement while participating in an aerial flight on 10 Oct 44. The applicant was separated on 25 Aug 45 with 1 year, 6 months and 18 days of active service.

On 4 Jun 02, HQ AFPC/DPPPRA invited the applicant to provide any official documents pertinent to his AFBCMR appeal since his military records had been destroyed by fire.  The applicant’s additional submission is at Exhibit C. Following their review, HQ AFPC/DPPRSP administratively corrected the applicant’s Report of Separation to reflect receipt of the following decorations: American Campaign medal, Asiatic-Pacific Campaign Medal with one Silver Star, World War II Victory Medal. The applicant was provided a DD Form 215 on 18 Jul 02. 

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR notes that the applicant did not provide any documentation showing he was recommended for award of the DFC. He submitted documentation pertaining to [the pilot] of the same 10 Oct 44 combat mission flight. The [pilot], who also received the AM 4OLC for the same incident, filed an appeal for the DFC and his case was denied by the AFBCMR [on 7 May 02]. Since the applicant was awarded the AM 4OLC for his accomplishments on 10 Oct 44, he cannot also be awarded the DFC for those accomplishments.  

A complete copy of the evaluation, with attachments provided by the applicant, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 26 Jul 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 to warrant upgrading the AM 4OLC for the 10 Oct 44 mission to the requested DFC. We took notice of the applicant’s complete submission in judging the merits of his case. We also acknowledge his decorated service and significant contributions in defense of his country. However, no evidence has been presented to our satisfaction showing that he was, or should have been, awarded the DFC. Further, he received the AM 4OLC for his achievements on 10 Oct 44 and cannot be awarded another decoration for the same action. Therefore, we agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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 12 September 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-01288 was considered:

   Exhibit A. DD Form 149, dated 5 Mar 02, w/atchs.
   Exhibit B. Applicant's Reconstructed Master Personnel Records.
   Exhibit C. Letter, HQ AFPC/DPPPR, dated 21 Jun 02, w/atchs.
   Exhibit D. Letter, SAF/MRBR, dated 26 Jun 02.