RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00386
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and the Air Medal, Sixth Oak Leaf Cluster (AM, 6 OLC).

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THE APPLICANT CONTENDS THAT:

Based on the Eighth Air Force established policy of awarding an AM upon the completion of every five heavy bomber missions and awarding a DFC upon the completion of 35 combat missions, he should be awarded two additional AMs and a DFC.  After completing 27 combat missions with the 489th Bombardment Group, he was transferred to the 44th Bombardment Group where he completed nine more combat missions for a total of 35 missions.  The absence of the decorations from his records may have been due to his transfer from one group to another.  In 2001, the AFBCMR awarded a DFC and additional AMs to an applicant who had also completed a total of 35 combat missions based on the established Eighth Air Force policy (AFBCMR 00-03359).

In support of the appeal, applicant submits a statement from the former 44th Bombardment Group Commander recommending him for award of the DFC, and a list of his combat missions.

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

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STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served in the European Theatre of Operation from 14 January 1943 to 17 August 1945, as a B-24, Liberator, co-pilot.  He completed a total of 35 combat missions and participated in the Rhineland, Air Offensive Europe, Northern France, and Normandy campaigns.  His Enlisted Record and Report of Separation, issued in conjunction with his 17 August 1945 release from active duty, reflects that he was awarded the AM, with four OLCs.

On 6 May 2004, he was awarded the AM, 5 OLC, for meritorious achievement while participating in aerial flight for the period 22 October 1944 to 31 December 1944.

The DFC was established by Congress on 2 July 1926 and is awarded for heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.

The AM is awarded for heroic or meritorious achievement while participating in aerial flight.

During World War II, the Eighth Air Force had an established policy whereby a DFC was awarded upon the completion of 35 heavy bomber missions and an AM was awarded upon the completion of every five heavy bomber missions.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the AFBCMR evaluate this case on its merits and render a conclusive decision.  AFPC/DPPPR states, in part, that although the applicant’s records indicate that he completed a total of 35 combat missions and he has submitted a DFC recommendation signed by his former commander, in 1946, General “Hap” Arnold ordered theater commanders not to award the AM or DFC based solely on the number of combat missions completed, but rather for acts of heroism in combat flight or extraordinary achievement while participating in aerial flight.  Applicant’s records do not indicate he was recommended for the decorations while he was on active duty.  However, in order to afford some recognition, the Secretary of the Air Force Personnel Council approved award of the AM, 5 OLC, on 13 April 2004.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel for applicant states, among other things, that the requested relief should be favorably considered based on the recommendation of the applicant’s former commanding officer and in view of the established Eighth Air Force policy in effect during the period in question.

Counsel’s complete response, with attachments, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting award of the DFC and additional oak leaf clusters to the AM.  In this respect, we note the applicant completed a total of 35 combat missions while assigned to the Eighth Air Force as a B-24 aerial gunner.  We also note that during the contested period, Eighth Air Force had an established policy whereby a DFC was awarded upon the completion of 35 heavy bombardment missions and an AM was awarded upon the completion of every five heavy bombardment missions.  In support of the appeal, the applicant has provided a recommendation from his former commanding officer.  The applicant also requested award of the AM, 5 OLC; however, AFPC/DPPPRS has administratively corrected his records to reflect that he was awarded the AM, 5 OLC, for meritorious achievement while participating in aerial flight for the period 22 October 1944 to 31 December 1944.  In view of the above, and given the total number of missions the applicant completed, we believe he should be awarded the DFC and an additional AM.  Therefore, we recommend his records 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:

	a.	On 1 January 1945, he was awarded the Air Medal, Sixth Oak Leaf Cluster, for extraordinary achievement, while serving as a Co-Pilot on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

	c.	On 2 January 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as a Co-Pilot on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

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The following members of the Board considered Docket Number BC-2004-00386 in Executive Session on 21 July 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 20 Jan 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 15 Jun 04.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
     Exhibit E.  Letter, Counsel, dated 12 Jul 04, w/atchs.

                                  Panel Chair

AFBCMR BC-2004-00386

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 XXXXXXX, XXXXXXX, be corrected to show: 

		a.	On 1 January 1945, he was awarded the Air Medal, Sixth Oak Leaf Cluster, for extraordinary achievement, while serving as a Co-Pilot on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

		c.	On 2 January 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as a Co-Pilot on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

                                                                            Director
                                                                            Air Force Review Boards Agency