RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02707
		INDEX CODE:  107.00
		COUNSEL:  American Legion

		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:

He deserves recognition for an incident that was never reported in which he saved a man’s life.

In support of his request, applicant provided a copy of his WD Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge; an extract from the Attlebridge Notes, and statements from a past American Legion Post commander and a fellow service member.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s master personnel records were destroyed by fire in 1973 at the National Personnel Records Center, St. Louis, MO.  The only available information was obtained from records reconstructed with documents provided by the applicant, which reflects that he enlisted on 16 Mar 43 and was discharged on 21 Jul 45.  He served an overseas tour in Europe from 12 Oct 44 through 22 May 45.

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AIR FORCE EVALUATION:

AFPC/DPPPR, reviewed applicant’s request and recommends denial.  DPPPR states that the applicant’s Past Post Commander of American Legion Post 48 recommended him for award of the DFC.  However, the Past Post Commander has no first-hand knowledge of the 1 Jan 45 incident, was never in the applicant’s chain of command, and is not qualified to recommend the applicant for a decoration.  He provided an excerpt from a World War II group newsletter, reporting a 1 Jan 45 incident in which another individual was awarded the DFC.  This individual is supposed to have received the DFC in 1985 for the 1945 incident.  The statement he provided from an individual he says was the pilot of the aircraft on the 1 Jan 45 mission does not coincide with that contained in the group publication.

World War II decorations must be based on written and signed recommendations, may be made by someone in the member’s chain of command at the time of the incident, or someone who has who has firsthand knowledge of the act or achievement; and submitted through a Congressional member who can ask for a review of a proposal based on its merits.  The applicant has instead applied directly to the AFBCMR, without providing any supporting documentation.  The applicant has not provided the necessary documentation to substantiate his claim in accordance with the National Defense Authorization Act of 1996.  

The DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Sep 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant award of the DFC.  Evidence provided by the applicant, to include a letter from the commanding officer of the flight in question, has led the Board majority to believe that his selfless actions while in the face of personal danger during the 1 Jan 45 combat mission over Germany, distinguished himself in a manner which would warrant award of the DFC.  In view of the above, it is the Board majority's opinion that in recognition of his distinctive accomplishment, his records should be corrected to the extent indicated below.

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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 on 20 July 1945, he was awarded the Distinguished Flying Cross for heroism while participating in an aerial flight over Germany on 1 January 1945.

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The following members of the Board considered Docket Number 02-02707 in Executive Session on 12 Nov 02, under the provisions of AFI 36‑2603:

By a majority vote, the Board voted to grant the request.  Mr. Dunn voted to deny the applicant's request and did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Sep 02.

							

AFBCMR 02-02707

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 APPLICANT, be corrected to show that on 20 July 1945, he was awarded the Distinguished Flying Cross for heroism while participating in an aerial flight over Germany on 1 January 1945.