RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02443
		INDEX CODE:	107.00
		COUNSEL:  NONE

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was awarded the Distinguished Flying Cross (DFC) for his extraordinary and heroic actions on 5 Dec 44.

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APPLICANT CONTENDS THAT:

The applicant’s daughters state their father was not presented with the medals he earned upon being honorably discharged.  He received the majority of his medals after requesting them from the Air Force; however, he was missing the DFC.  His research efforts made him acutely aware of how critical his efforts were on one aerial mission to save all nine men aboard their flak damaged B-17.  His efforts were extraordinary and heroic.  When they landed safely, the pilot (now deceased) told him that he would receive a DFC for his efforts.  A recommendation for award of the DFC was submitted through his Congressman to the Office of Legislative Liaison for award of the DFC.

In support of his request, applicant submits a personal statement, Letter from SAF/LLI, dated 9 Jun 00, a description of the mission, a notarized copy of a list of his missions, notarized letters from three former crewmembers, a letter from the Radioman recommending award of the DFC, a copy of the entry in the diary of the Co-Pilot, a copy of a letter from the applicant to his Congressman detailing his submission for award of the DFC, and a copy of his AWG Form 58, Enlisted Record and/Report of Separation Honorable Discharge.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps on 22 Aug 42 and was progressively promoted to the grade of technical sergeant.  He was honorably discharged for the convenience of the government on 19 Oct 45.  He served in the European Theatre of Operation from 14 Oct 44 to 24 Jun 45.

During this period he participated in the Rhineland, Ardennes, and Central Europe campaigns.  His report of separation reflects award of the Good conduct medal, the European African Middle-Eastern Ribbon, with three Bronze Stars (w/3 BS), the WWII Victory Medal, and the Air Medal with four Oak Leaf Clusters (AM w/4 OLC).

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states in part, that the applicant wrote through his Congressional office requesting the DFC.  The DFC package with the recommendation was forwarded to the Secretary of the Air Force Personnel Council (SAFPC), which is the approval authority.  SAFPC disapproved the DFC request on 18 Sep 00.  His daughters subsequently submitted a DFC package with the same documents previously considered.  Applicant has not supplied any additional information for the SAFPC to reconsider the DFC request.

The AFPC/DPSOO evaluation is attached at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Oct 07, for review and comment 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.  After a thorough review of the applicant’s submission and the available evidence of record, we are not persuaded the applicant should be awarded the DFC.  In this regard, we note that on 18 Sep 00, the SAFPC determined the recommendations submitted by the applicant, although commendable, did not meet the requirements for award of the DFC.  The applicant has not submitted any new evidence, and the Board does not find sufficiently persuasive evidence to override the decision made by the SAFPC.  In view of the above, we find no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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-2007-02443 in Executive Session 13 Dec 07, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 26 Jul 07, w/atchs.
	Exhibit B.	Applicant's Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSIDR, dated 19 Sep 07.
	Exhibit D.	Letter, SAF/MRBR, dated 5 Oct 07.