RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01548
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  

	 	HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 November 2008

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APPLICANT REQUESTS THAT:

He be awarded two oak leaf clusters to the Distinguished Flying Cross (DFC) and three additional oak leaf clusters to the Air Medal (AM).

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THE APPLICANT CONTENDS THAT:

In view of his completion of a total of 53 combat missions, 10 of which were flown as a lead or deputy lead pilot, during his two combat tours and based on the Eighth Air Force established policy of awarding an AM upon the completion of every five heavy bomber missions and awarding a DFC upon the completion of 10 lead combat missions, and an additional DFC for completion of a combat tour, he should be awarded two additional DFCs and three additional AMs.  No other pilot in the 44th Bombardment Group surpassed his total number of combat missions.  Although he previously received a DFC for completion of his first combat tour of 25 missions, he never received additional DFCs for flying 10 lead missions as a lead or deputy lead pilot and for completion of a second combat tour.  Further, while he received 7 AMs for his completion of his first 35 combat missions, he should have received three additional AMs for his last 18 missions.  He cites previous AFBCMR cases in which similarly situated applicants were provided favorable consideration.
 
In support of the appeal, counsel submits his personal statement, extracts from the applicant’s military records, and a listing of the applicant’s combat missions.

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

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STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served in the European Theatre of Operation from 2 September 1943 to 21 March 1945, assigned to the 44th Bombardment Group as a B-24, Liberator, pilot.  He completed a total of 53 combat missions during his two combat tours, of which he flew 10 in the lead or deputy lead position.  He participated in the Naples-Foggia, Normandy, Rhineland, Air Offensive Europe, and Northern France campaigns.  His Enlisted Record and Report of Separation, issued in conjunction with his 15 November 1945 release from active duty, reflects that he was awarded the DFC and AM, with six OLCs.

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.

The AM is awarded for heroic or meritorious achievement while participating in aerial flight.

During World War II, the 8th Air Force had an established policy whereby a DFC was awarded upon the completion of a tour of combat duty, and an AM was awarded upon the completion of every five heavy bomber missions.  In 1942, the length of a tour was the completion of 25 combat missions.  In 1944, the tour length was increased to 35 combat missions, and the number of combat missions required for award of an additional AM was increased to six.  In 1946, the policy of awarding the DFC and AM based solely on the number of missions completed was discontinued.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied, and states, in part, they are unable to verify the applicant’s entitlement to the requested decorations.  Although the applicant has provided recommendations to support his claim, his package was not submitted through congressional channels.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel has reviewed the evaluation and stands by his original argument (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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting award of two additional oak leaf clusters to the DFC and three additional oak leaf clusters to the AM.  In this respect, we note the applicant completed a total of 53 combat missions during his two combat tours with the Eighth Air Force as a B-24 pilot and was lead or deputy lead pilot on 10 missions.  We also note that during the contested period, Eighth Air Force had an established policy whereby a DFC was awarded upon the completion of at least 10 lead combat missions and completion of a combat tour of duty.  In addition, an AM was awarded upon the completion of every five heavy bombardment missions.  Although the applicant received a DFC for his completion of his first combat tour of duty and a total of seven AMs, we find no evidence he received additional DFCs for his completion of 10 lead or deputy lead crew missions and completion of his second combat tour.  Furthermore, there is no evidence he received additional oak leaf clusters to the AM for his last 18 missions.  In support of the appeal, the applicant has provided a recommendation from the former 67th Bombardment Squadron Deputy Navigator.  In view of the above, and given the total number of missions the applicant completed during his two combat tours, which includes 10 lead or deputy lead crew missions, we believe he should be awarded additional oak leaf clusters to the DFC and AM.  Therefore, we recommend his records be corrected to the extent 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:

	a.	On 30 August 1944, he was awarded the Air Medal, Seventh Oak Leaf Cluster, for extraordinary achievement, while serving as a B-24 Pilot on many bombardment missions over enemy occupied Continental Europe.

	b.	On 4 December 1944, he was awarded the Air Medal, Eighth Oak Leaf Cluster, for extraordinary achievement, while serving as a B-24 Pilot on many bombardment missions over enemy occupied Continental Europe.

	c.	On 28 January 1945, he was awarded the Distinguished Flying Cross, First Oak Leaf Cluster, for extraordinary achievement, while serving as a B-24 Pilot on many bombardment missions over enemy occupied Continental Europe.

	d.	On 3 February 1945, he was awarded the Air Medal, Ninth Oak Leaf Cluster, for extraordinary achievement, while serving as a B-24 Pilot on many bombardment missions over enemy occupied Continental Europe.

	e.	On 15 February 1945, he was awarded the Distinguished Flying Cross, Second Oak Leaf Cluster, for extraordinary achievement, while serving as a B-24 Lead or Deputy Lead Pilot on many bombardment missions over enemy occupied Continental Europe.

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The following members of the Board considered Docket Number BC-2007-01548 in Executive Session on 2 August 2007, 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 11 May 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 27 Jun 07.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.
     Exhibit E.  Email, Counsel, dated 16 Jul 07.