RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03363
		INDEX CODE:  107.00

		COUNSEL:  VA of XXXXX

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and the Purple Heart Medal (PHM).

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APPLICANT CONTENDS THAT:

His combat crew displayed “Heroism or Extraordinary Achievement” while participating in Mission number 12, Ingolstadt Germany.  He contends he was wounded during that mission as a direct result of enemy actions.  

In support of his appeal, the applicant has provided a personal statement in the form of a letter to the Awards and Recognition Branch at Air Force Personnel Center (AFPC) at Randolph AFB, TX, copies of letters from crew members or others who appear to have information about the mission along with photographs, a copy of his WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service, a copy of his honorable discharge certificate, certain certificates of achievement, select copies of excerpts from his combat record, a copy of the decision on his claim for Veterans Administration compensation, and copies of two declassified documents regarding the mission in question.

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

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STATEMENT OF FACTS:

Applicant served on active duty as a commissioned officer from 15 April 1944 to 3 August 1945, including an overseas tour in England from 28 November 1944 to 2 May 1945.  He was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars and the Air Medal with five oak leaf clusters.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR notes the applicant has applied for the DFC and PHM several times since 1997.  In 1998, his 1997 request was forwarded to SAF/Personnel Council and was subsequently denied, as the applicant did not meet the criteria for either.  He was given a year to respond with documentation to substantiate his claim and he did not respond.  DPPPR notes his Report of Separation reads “None” in Item 30, Wounds Received in Action.  DPPPR notes that in 2003 the applicant submitted his request through congressional channels.  His congressional representative was informed the request had already been denied.  

The applicant’s personnel and medical records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC) and his VA medical records have no documents dated earlier than 1999 other than a record of a hip replacement that occurred in 1984.

The applicant’s request for these decorations has already been processed in 1997 and 2003, and he has been informed of the necessary procedures and documents needed to substantiate his claim.  He has not provided any new documentation for consideration since 1997.  Consequently, DPPPR is unable to verify his eligibility for the award of the DFC or PHM.

DPPPR’s complete 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 9 January 2004 for review and comment within 30 days.  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 warranting the award of the PHM.  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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant has failed to sustain his burden of proving he meets the criteria required for award of the PHM.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the award of the PHM.

4.  Notwithstanding the aforementioned, however, after review of his submission and the evidence of what little record there is available, we are of the opinion that he met the requirement for award of the DFC (number of missions flown and award of six Air Medals) and feel as though he provided enough documentation to show he was recommended for the award of the DFC.  Accordingly, we recommend his records be corrected to the extent indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 2 May 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement while participating in an aerial flight as the pilot of a B-17 bomber in a combat mission over Ingolstadt, Germany.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03363 in Executive Session on 30 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Sep 03, w/atchs. 
    Exhibit B.  Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 22 December 2003.
    Exhibit D.  Letter, SAF/MRBR, dated 9 January 2004.

                                   

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

BC-2003-03363

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 2 May 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement while participating in an aerial flight as the pilot of a B-17 bomber in a combat mission over Ingolstadt, Germany.