RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02868
		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 unusual flying skills saved his B-29 crew from crashing on 5 June 1944.

In support of his appeal, the applicant provided a statement from the crew members of the B-29 (Georgia Peach) 793rd Squadron, dated 15 November 2001.

Applicant’s complete submission, with attachments, is at Exhibit A.
 
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STATEMENT OF FACTS:

During the time period in question the applicant was serving on extended active duty in the grade of lieutenant colonel.

Applicant was separated on 28 December 1946, in the grade of lieutenant colonel, under the provisions of WD Cir 313 1945, paragraph 15d (Physical Disability). He served a total of 5 years, 3 months, and 20 days total active military service.

On 27 November 2000, Secretary of the Air Force Personnel Council (SAFPC) denied the applicant’s request for the DFC.

On 31 January 2002, the applicant’s DD Form 214 was corrected in item 28, to add award of the Air Medal with First Oak Leaf Cluster (OLC).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that the applicant’s original DFC request was forwarded to the Secretary of the Air Force Personnel Council (SAFPC) and was disapproved on 27 November 2000.  The recommending officials were informed they had one year from the date of disapproval to resubmit with additional documentation.  The recommending officials did not submit any additional documentation prior to the one-year deadline; therefore SAFPC Awards and Decorations Board now considers the DFC recommendation issue closed.  The applicant was informed that, if he believed there was an injustice, he could appeal to the AFBCMR with additional information. 

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a response, with attachments, which 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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an 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.  We note the letter from the crew members of the B-29 (Georgia Peach) 793rd Squadron who indicate that on 5 June 1944 the applicant saved their plane and lives through his skillful piloting due to the B-29 losing all four engines.   While the Board does recognize his extraordinary accomplishments in the defense of our nation during wartime, we note, there is no indication in the applicant’s personnel records to substantiate that he was recommended by anyone in his chain of command for the DFC.  In this respect, we note the letter submitted in support of the request indicates that the commanding general congratulated the crew upon their return.  Clearly, the general would have been in the best position to judge whether the applicant’s accomplishments merited the DFC.  In view of the foregoing, and 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 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 AFBCMR Docket Number 02-02868 Executive Session on 21 November 2002, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 August 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 7 October 2002, 
   Exhibit D.  Letter, SAF/MRBR, dated 11 October 2002.
   Exhibit E.  Letter, Applicant, dated 28 October 2002, w/atchs.