RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01051
		INDEX CODE:  107.00

		COUNSEL:  XXXXX

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) for actions during World War II (WW II).

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APPLICANT CONTENDS THAT:

He is 85 years of age and believes his actions deserve the award of the DFC medal.

In support of his appeal, the applicant has provided a personal statement and a letter from his Congressman.

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

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STATEMENT OF FACTS:

The applicant was commissioned a 2nd Lieutenant in the Army Air Corps on 23 February 1942 after completing flight school.  He began his career at Albuquerque, NM as a B-24 pilot.  He phased to the B-17 bomber in May 1942 and eventually served as a bomber pilot based in Molesworth, UK.  On 6 March 1943, while on a bombing run over France, his aircraft was shot down and he and the surviving crewmembers were rescued in the English Channel by Germans and subsequently were POWs for the next 26 months.  On 5 November 1945, applicant was recommended for the award of the Distinguished Flying Cross (DFC).  The award was downgraded and on 9 May 1950, he was awarded the Air Medal (AM) for meritorious achievement while participating in aerial flight.  He retired effective 1 May 1971 after serving 29 years, 8 months, and 16 days of active military service.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR notified the applicant that he had received the Air Medal (AM) for his actions on 6 March 1943 and he could not receive two decorations for the same action.  The applicant, on recommendation from DPPPRA, withdrew his application for the Air Force Cross (AFC), but he concurrently requested he be considered for the Distinguished Flying Cross (DFC).  DPPPR contends the Air Force considered the original request for the award of the DFC and downgraded it to the AM.  The decision made by the Air Force was based on the facts presented and comparison to other recommendations for similar actions of that time.  They note the applicant did not request reconsideration within the one-year time limit, as required by regulations and instructions.  Further, DPPPR argues to award the applicant the DFC after he was awarded a medal for his actions would be an injustice to all other recipients of the AM awarded for actions similar to those of the applicant.  

DPPPR’s complete evaluation is at Exhibit C.

AFPC/DPPRSP, during review of the applicant’s records, discovered the applicant had earned the National Defense Service Medal (NDSM) with one bronze service star, the Prisoner of War Medal and the Middle Eastern Campaign Medal with one bronze service star.  The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, has been changed to reflect award of the above medals.

DPPRSP’s letter to the applicant, with attachments, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted additional documentation, through his congressman, withdrawing his request for the AFC and requested that his AM be upgraded to a DFC.  The additional documentation to support his request for DFC upgrade was forwarded to DPPPR for review.

Applicant’s complete response is at Exhibit F.

ADDITIONAL AIR FORCE EVALUATION:

DPPPR reviewed the information and indicated should the Board grant the relief requested the Air Medal awarded on 6 Mar 43 would need to be revoked.

DPPPR’s evaluation, with attachments, is at Exhibit G.

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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.  We took notice of the applicant's complete submission in judging the merits of the case and are sincerely thankful and justifiably impressed with his accomplishments and sacrifice to our country; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility in that the Department of the Air Force considered the original recommendation for award of the DFC, and downgraded the decoration to an Air Medal.  Their decision was based on the facts presented and comparisons to other recommendations for similar actions of that time.  Consequently, we adopt the Air Force rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, 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 BC-2003-01051 in Executive Session on 22 October 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Mar 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 21 Jul 03, w/atchs.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 24 Jul 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Aug 03.
    Exhibit F.  Letter, C/M Calvert, dated 7 Aug 03, w/atchs.
    Exhibit G.  Response, AFPC/DPPPR, dated 14 Aug 03.

                                   
                                   Panel Chair