RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01403 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: It appears the applicant is requesting that her late husband’s records be corrected to reflect award of: 1. The World War II Victory Medal (WIIVM), (Administratively corrected by AFPC), and 2. The Distinguished Flying Cross (DFC). _________________________________________________________________ APPLICANT CONTENDS THAT: Her late husband told her that his records were destroyed by fire and he never received the WWIIVM. It is her desire to pass the medals on to her grandson. In support of her request, the applicant provides copies of extracts from her late husband’s personnel records, a death certificate, marriage license, death notice, and the book, “A WWII G.I. Remembers.” The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The decedent enlisted in the Army Air Corps on 6 Apr 43 and was honorably discharged on 8 Oct 45. The DFC is awarded to any officer or enlisted person of the Armed Forces of the United States who shall have distinguished her/himself in actual combat in support of operations by heroism or extraordinary achievement while participating in an aerial flight, subsequent to November 11, 1918. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial for award of the DFC. However, they state they were able to verify the decedent’s entitlement to the American Campaign Medal (ACM) and the WWIIVM and the decedent’s records will be administratively corrected to reflect these medals. Under the Fiscal Year 1996 National Defense Authorization Act (NDAA), Section 526, enacted into law on 10 Feb 96, the original or reconstructed written award recommendation is required for the recommended individual. The recommendation must be made by someone, other than the member himself, preferably the commander or supervisor at the time of the act of achievement, with firsthand knowledge of the member’s accomplishments. If someone has firsthand knowledge of the applicant’s achievements, he may act as the recommending official. The recommendation must include the name of the decoration (i.e., DFC), reason for recognition (heroism, achievement, or meritorious service), inclusive dates of the act, and a narrative description of the act. The recommending official must sign the recommendation. Also, a proposed citation is required and any chain of command endorsements are encouraged. Any statements from fellow comrades, eyewitness statements attesting to the act, sworn affidavits, and other documentation substantiating the recommendation should be included with the package. In accordance with the 1996 NDAA rules, a recommendation made by someone with firsthand knowledge, eyewitness statements, and a proposed citation have not been provided by the applicant or located within the applicant’s late husband’s official military records. The complete HQ AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She believes her late husband qualifies for the DFC under the revised requirements and states she is unaware of any living members from his crew. The applicant's complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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 office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _______________________________________________________________ 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. _______________________________________________________________ The following members of the Board considered Docket Number BC-2010-01403 in Executive Session on 5 October 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 18 Jun 10. Exhibit D. Letter, SAF/MRBR, dated 9 Jul 10. Exhibit E. Letter, Applicant, dated 3 Aug 10, w/atchs. Panel Chair