RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00787
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  

	XXXXXXX	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and Fifth and Sixth Oak Leaf Clusters to the Air Medal (AM, 5 & 6 OLCs).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Although the Eighth Air Force policy of awarding a DFC upon the completion of 35 combat missions was terminated on 31 December 1944, he should be awarded the DFC as directed under Executive Order 10189 for completion of a tour of 35 combat missions. 

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.

In support of the appeal, applicant submits a statement from his former aircraft 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.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served in the European Theatre of Operation from 7 April 1944 to 25 November 1944 as a B-24, Liberator, aerial gunner.  He participated in the , Northern France, Central Europe, and Ardennes campaigns.  His Enlisted Record and Report of Separation, issued in conjunction with his 6 April 1945 separation, reflects that he was awarded the Air Medal, with Three Oak Leaf Clusters (AM, 3 OLC).

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.

During World War II, the 8th 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.

_________________________________________________________________

AIR FORCE EVALUATION:

On 4 May 2004, AFPC/DPPPR advised the applicant that a written recommendation made by someone in his chain of command at the time of the incident who had firsthand knowledge of the acts or achievement is required for processing his recommendation.  In addition, the recommendation must be submitted through a congressional member who can ask a military service to review a proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred.  AFPC/DPPPR also stated, in part, that on 14 August 1943, General “XXXX sent a memorandum to all Theater Commanders which revised the policy for award of the DFC.  Under the revised policy, the DFC could be awarded for acts of heroism in combat flight or extraordinary achievement while participating in aerial flight (Exhibit C).

_________________________________________________________________

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 D.

_________________________________________________________________

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.  In view of this, and given the total number of missions the applicant completed, we believe he should be awarded the DFC and two additional AMs.  Therefore, we recommend his records be corrected to the extent indicated below.

________________________________________________________________

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 21 February 1945, he was awarded the Air Medal, Fifth Oak Leaf Cluster, for extraordinary achievement, while serving as an Aerial Gunner on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

	b.	On 28 February 1945, he was awarded the Air Medal, Sixth Oak Leaf Cluster, for extraordinary achievement, while serving as an Aerial Gunner on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

	c.	On 1 March 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as an Aerial Gunner on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2004-00787 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 5 Mar 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 4 May 04, w/atch.
     Exhibit D.  Letter, Counsel, dated 4 Jul 04, w/atchs.

                                  

AFBCMR BC-2004-00787

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 21 February 1945, he was awarded the Air Medal, Fifth Oak Leaf Cluster, for extraordinary achievement, while serving as an Aerial Gunner on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

		b.	On 28 February 1945, he was awarded the Air Medal, Sixth Oak Leaf Cluster, for extraordinary achievement, while serving as an Aerial Gunner on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.

		c.	On 1 March 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as an Aerial Gunner on B-24 airplanes on many bombardment missions over enemy occupied Continental Europe.