RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:					DOCKET NUMBER: 04-00478
								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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THE APPLICANT CONTENDS THAT:

His actions on 23 June 1944 warrant award of the DFC.  

In support of his request, applicant submits a copy of the award recommendation package for the DFC.  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was inducted into the Army of the United States on 4 February 1943 and entered active duty on 11 February 1943, was assigned to duty in the Air Corps, and was progressively promoted to the grade of staff sergeant.  He performed duties as an Armorer Gunner on 50 bombing missions over enemy territory.  He was honorably discharged on 15 October 1945 by reason of demobilization, having served 2 years, 2 months and 1 day of total active military service, of which 6 months and 4 days was foreign service.  His discharge document shows he had participated in the Air Offensive-Europe, Rome-Arno, Northern and Southern France and the Air Combat-Balkans campaigns.  He was awarded the European-African-Middle Eastern Service Medal with 5 bronze stars, Air Medal with 3 Oak Leaf Clusters (OLCs), Distinguished Unit Badge and Overseas Bar with 1 OLC.

Applicant continued to serve in the Air Force Reserve in an active and inactive status until his transfer to the Honorary Retired Reserve Section in the grade of captain effective 1 April 1963.  

Based on the DFC award justification document provided by the applicant and endorsed by Maj Gen (Ret) ----, on 23 June 1944 while on a mission to the Giurgiu oil storage facility near Romania, the B-24 aircraft lost rudder control, the applicant and another fellow crew member who were aboard the aircraft repaired the rudder cable which allowed the aircraft to land safely and saved the lives of the ten men aboard.  

On 4 November 2002, the applicant was awarded the Air Medal 4th OLC for heroism while participating in aerial flight on 23 June 1944.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied. AFPC/DPPPR states that the Secretary of the Air Force Personnel Council (SAFPC) reviewed the award recommendation package and disapproved the DFC, but approved award of the Air Medal with four oak leaf clusters for heroism.  In 2003, SAFPC reconsidered the applicant’s request for award of the DFC and determined that the actions, on their own merits, had no distinctive heroism which allowed the achievement to measure up to the standards of “extraordinary” for award of the DFC.  The AFPC/DPPPR evaluation is at Exhibit B.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant believes that his actions fulfill the definition of “extraordinary” since B-24’s did not come with in-flight repair kits.  Applicant’s letter, with supportive statements is at Exhibit D.

By letter dated 9 April 2004, the applicant requested that his application be temporarily withdrawn.  On 22 May 2004, the case was reopened as requested by the applicant (See 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 error or injustice.  The applicant’s aerial heroism is noted and our decision in no way lessens the value of his contributions while in the service.  We note that the Secretary of the Air Force Personnel Council (SAFPC), the approval authority, on two occasions considered and disapproved his request for the Distinguished Flying Cross.  They did, however, recognize the applicant’s aerial heroism of 23 June 1944 by awarding him the Air Medal, fourth oak leaf cluster.  The applicant has provided no evidence that was unavailable to SAFPC at the time they considered his case and we are unpersuaded by the evidence presented that that his actions met the criteria for award of the DFC.  We therefore agree with the assessment of the Air Force Office of Primary Responsibility and adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  In view of the above, we find no basis to favorably consider 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 Docket Number 01-02836 in Executive Session on 23 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence for AFBCMR Docket Number 04-00478 was considered:

    Exhibit A.  DD Form 149, dated 8 Feb 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 19 Mar 04.
    Exhibit C.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit D.  Letter, Applicant, dated 1 Apr 04, w/atchs.
    Exhibit E.  Letter, Applicant, dated 9 Apr and 22 May 04.

                                   Chair