RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00644
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and an Oak Leaf Cluster to the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

He was an armor gunner on a B-17.  He flew 34 missions over Germany and was shot down on his 35th mission.  He was also a Prisoner of War (POW) for over 50 days.  According to an article he read he is entitled to the DFC for completing 34 missions and a Purple Heart for being a POW.  He has a Purple Heart Medal from an injury he received; however, he believes he is entitled to a gold leaf for the Purple Heart.

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

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STATEMENT OF FACTS:

Portions of the applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  The available records indicate the following.

The applicant enlisted in the Army Air Corps on 24 June 1943.

A Battle Casualty Report, WD AGO Form 0365, indicates the applicant was missing in action (MIA) in Germany on 19 March 1945.

On 29 October 1945, the applicant was honorably discharged in the grade of staff sergeant under the provisions of RR 1-1 (Convenience of the Government).  He served two years, four months, and five days total active service.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) indicates the applicant received the following awards:  the American Theater Ribbon, European-African-Middle Eastern Theater Ribbon with three Bronze Stars (EAME w/3BS), Good Conduct Medal (GCM), Purple Heart, and the Air Medal with four Bronze Clusters.

The applicant’s WD AGO Form 100 (Separation Qualification Record) indicates the applicant flew 32 combat missions in a B-17 aircraft over enemy occupied territory of Germany.  He pulled firing pins to arm bombs while the airplane was in flight; inspected and assisted in the repair of bomb racks, gun sights, and turrets; and fired caliber 50 machine guns while in combat.

On 30 March 2004, AFPC/DPPPRA advised the applicant his records show he received the PH for wounds received while he was a POW.  There is no documentation showing he received wounds a second time which would entitle him to an oak leaf cluster to the PH.  Therefore, they asked him to withdraw that portion of his application.  They also indicated the applicant did not provide a signed recommendation package for the DFC.  Before considering his request for the DFC, certain processing procedures must be followed.  The timeline for submitting decorations is two years from the date of the act or achievement.  However, under the Fiscal Year 1996 National Defense Authorization Act (NDAA96), the time limit has been waived.  Under this act, servicemembers may now request award consideration, based on a written and signed recommendation.  In order for his request to be considered under the provision of the NDAA 1996, it is important that eyewitness statements attesting to the act(s), sworn affidavits, certificates, and any other related documentation accompany the recommendation.  As a general rule, former comrades who had personal knowledge of the circumstances and relative to the recommendation provide the best corroborating evidence.  They further indicated, after reviewing his records, it was determined he was entitled to the Prisoner of War Medal.

On 3 June 2004, AFPC/DPPPR advised the applicant that he was entitled to the POW Medal, and it would be added to his Report of Separation.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant’s records show he was awarded the PH for wounds received while a POW.  There is no documentation showing he received wounds a second time which would entitle him to an oak leaf cluster to the PH.  No more than one award will be made for more than one wound or injury received at the same instant.  The applicant was asked to withdraw that portion of his application; he did not respond to the request.  There is no evidence in his records of a recommendation for award of the DFC.  Therefore, he is not entitled to award of an oak leaf cluster to the PH or the DFC.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 June 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief.  The applicant contends he is entitled to the DFC because he flew 34 missions over Germany and was shot down on his 35th mission.  The applicant’s separation qualification record indicates he completed 32 combat missions while assigned to the 8th Air Force as an Airplane Armored Gunner in the European Theatre of Operations.  We note that from 1942 to 1944, the Eighth Air Force had an established policy whereby a DFC was awarded upon the completion of 25 heavy bombardment missions.  In 1944, the total number of missions required for award of a DFC was increased to 35.  Although there appears to be a discrepancy between the number of missions flown according to the applicant and the separation qualification record, the Board believes any doubt should be resolved in the applicant’s favor.  Therefore, we recommend his records be corrected to the extent indicated below.

4.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting award of an Oak Leaf Cluster to the Purple Heart Medal.  The applicant contends he is entitled to the PH w/OLC for being a POW.  The Board notes the applicant received the PH for injuries sustained while a POW.  However, there is no documentation indicating he received wounds a second time, which would entitle him to an OLC to the PH.  Therefore, in the absence of evidence to the contrary, we find insufficient evidence to grant this portion of the applicant’s request.

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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 on 28 October 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as an Airplane Armored Gunner on B-17 airplanes on many bombardment missions over enemy occupied Continental Europe.

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The following members of the Board considered Docket Number BC-2004-00644 in Executive Session on 4 August 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 24 February 2004, w/atchs.
     Exhibit B.  Military Personnel Record
     Exhibit C.  Letter, AFPC/DPPPR, dated 7 June 2004, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 25 June 2004.

AFBCMR BC-2004-00644

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, be corrected to show that on 28 October 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as an Airplane Armored Gunner on B-17 airplanes on many bombardment missions over enemy occupied Continental Europe.