RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01096
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was awarded the Distinguished Flying Cross (DFC).

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APPLICANT CONTENDS THAT:

Having had 23 bombing missions, he believes he is entitled to the DFC during World War II (WWII).  He was shot down and taken prisoner on his 23rd mission.  He was unaware that he was entitled to the DFC until he saw a notice in the newspaper.

In support of the appeal, applicant submits a personal statement.

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s master personnel record (MPR) appears to have been destroyed by the 1973 fire at the National Personnel Records Center (NPRC) in St. Louis.  However, the following facts have been obtained using available records.

Applicant enlisted in the Army of the United States on 23 November 1942.  He performed duties as a Radio Operator Mechanical Gunner 757.  His highest grade held was technical sergeant, and was assigned to duties in the 340th Bomb Group 428th Bomb Squadron.  The applicant was a POW from 10 March 1945 to 11 May 1945.

On 20 October 1945, while serving in the grade of technical sergeant, he was honorably discharged.  He was credited with 2 years, 3 months and 26 days of active duty service, of which 7 months and 2 days were foreign service.  He participated in the battles of Rome Arno and North Apennines and was entitled to the Air Medal, 2-Battle Star, Good Conduct Ribbon, the European African Middle Eastern (EAME) Campaign Ribbon, and Purple Heart.

On 14 July 2004, applicant was informed that there was an error on his WD AGO Form 53-55, Certificate of Release or Discharge from Active Duty.  A DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, has been completed to correct item 13 of his WD AGO Form 53-55 to show that he is the recipient of the Prisoner of War (POW) Medal for the period 10 March 1945 to 11 May 1945 in Germany.

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AIR FORCE EVALUATION:

AFPC/DPPPR states that the applicant’s military personnel record does reflect he was a POW during WWII; therefore, he is entitled to the POW medal which will be added to his DD Form 214.  Since there was no evidence in the applicant’s military record that he was recommended for, or awarded, the DFC, they are unable to verify his entitlement to it.  The applicant may pursue the DFC under the provisions of the 1996 National Defense Authorization Act (NDAA).  This act provides a process for veterans to be recommended for decorations if someone (a previous supervisor or commander), other than the veteran, with first hand knowledge of the act, service, or achievement submits a written justification for the decoration through a member of congress.  Therefore, they recommend denial of applicant’s request for award of the DFC and recommend he use the provisions of the 1996 NDAA.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 July 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  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 and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  The Distinguished Flying Cross is not awarded for having been shot down and taken POW when an individual has already received recognition for aerial achievements.  As stated, the Distinguished Flying Cross is awarded to service members who distinguish themselves by heroism or extraordinary achievement while participating in aerial flight.  There is no evidence that the former member was recommended for, or awarded the Distinguished Flying Cross.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 this application in Executive Session on 25 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 31 Mar 04, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 8 Jul 04.
	Exhibit D.	Letter, SAF/MRBR, dated 23 Jul 04.