RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02027
		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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APPLICANT CONTENDS THAT:

He was a pilot in the Army Air Corp and flew thirty-two (32) missions.  During his last mission on 15 December 1944, he was shot down over enemy territory.  He was taken as a Prisoner of War (POW) and held at Stalag Luft I.  When he was released from the POW camp, he was notified that he was recommended to receive the DFC; however, the discharge centers were full so he did not receive his DFC and received only his discharge papers.  

In support of his request, applicant submits a personal statement, copies of his correspondence with Congressional members and the Secretary of State, a supporting statement from his tail gunner during the mission in question, and excerpts from his service record.  

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

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STATEMENT OF FACTS:

The applicant’s records were lost or destroyed and efforts at reconstruction have been, for the most part, unsuccessful.  The following is the only known information pertaining to the applicant's service and was extracted from the partially reconstructed record.

The applicant entered active service in the Army Air Corps as a pilot on 8 February 1944.  He departed for the European Theater of Operations (ETO) on 15 August 1944.  The applicant flew 32 combat missions as a B-24 pilot and was a prisoner of war from 31 December 1944 to 8 May 1945.  At that time, he was serving in the grade of first lieutenant.  He departed the ETO on 1 June 1945 and arrived in the Continental US on 11 June 1945.  He was honorably released from active duty on 26 November 1945 in the grade of first lieutenant with 11 months and 22 days of continental service and 9 months and 27 days of foreign service.  His Report of Separation reflects that he participated in the Rome-Arno and Southern France campaigns.  His decorations include the Air Medal and the European African Middle Eastern Theater Campaign Medal.

On 9 January 1997, the applicant’s record was corrected to reflect the Prisoner of War Medal; American Campaign Medal, and the World War II Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states there is no documentation in the applicant’s records entitling him to the DFC.  The AFPC/DPPPR evaluation, attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 September 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  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 injustice.  We are persuaded by the applicant’s contention that he was recommended for the Distinguished Flying Cross for his actions during an aerial flight on 15 December 1944, as substantiated by the written testimony from one of his crew members who described the applicant’s extraordinary efforts to keep the plane airborne while the majority of his crew bailed out.   The absence of any information pertaining to a recommendation or award of the DFC is not surprising in view of the confusion that may have existed during this period.  We strongly believe that by his actions on this particular mission and in recognition of his distinguished service to the nation, any doubt should be resolved in the applicant’s favor and should be recognized by award of the DFC. Therefore, we recommend that his records be corrected as 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 on 26 November 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement while participating in an aerial flight as the pilot on a B-24 over Innsbruck, Austria on 15 December 1944.  

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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 BC-2004-02027 in Executive Session on 14 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 12 Aug 04 w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 26 Aug 04.
	Exhibit D.	Letter, SAF/MRBR, dated 3 Sep 04.

AFBCMR 02-00931

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 xxxxxxxxxxxxxxx, be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States in a B-17 aircraft during a mission over Kassel, Germany, on 29 December 1944.