RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01767 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC). _________________________________________________________________ APPLICANT CONTENDS THAT: He earned the DFC by virtue of the 60 combat missions he flew in a B-25 bomber and perhaps was overlooked for the DFC. In support of his request, the applicant provides documents extracted from his military personnel records and congressional documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri. The available records provided by the applicant indicate the following. The applicant a former member of the Army Air Corps who entered active duty on 31 July 1942 served in the Asiatic-Pacific Theatre from 28 June 1943 to 2 December 1944 as a Radio Operator Mechanic Gunner. He completed a total of 60 combat missions, totaling 252 hours. He participated in the Northern Solomons, Bismark Archipelago, New Guinea, and Philippine Islands campaigns. His Enlisted Record and Report of Separation, issued in conjunction with his 14 July 1945 release from active duty, reflects he was awarded the Purple Heart, Good Conduct Medal, and Air Medal with 9 Oak Leaf Clusters. On 14 July 1945, the applicant was honorably discharged in the grade of technical sergeant under the provisions of AR 615-365 Convenience of the Government, RR 1-1 (Demobilization). He served 1 year 4 months and 27 days of continental service and 1 year 6 months and 17 days of foreign service. The DFC was established by Congress on 2 July 1926 and 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. During the period in question, the 13th Air Force had an established policy whereby a DFC was awarded upon the completion of 500 combat hours; destruction of the 2nd or 5th enemy aircraft (any type aircraft), or destruction of an enemy vessel (Bomber). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states they were able to verify the applicant’s entitlement to the American Campaign Medal (ACM) and the World War II Victory Medal (WWIIVM). His record will be updated by the appropriate office. Under the Fiscal Year 1996 National Defense Authorization Act (NDAA), Section 526, which was enacted into law on 10 February 1996, 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 accomplishments and 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 within the applicant’s chain of command, certified eyewitness statement(s), and a proposed citation have not been provided or located within the applicant’s official military records. Furthermore, the applicant cannot recommend himself for entitlement to the DFC. The DPSIDRA complete evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The senior vice commander of the American Legion Post #374 on behalf of the applicant states that the applicant flew 60 missions. During one of the missions, he was shot down and the applicant’s father received a letter stating he was missing in action in Japan. While overseas he helped save the lives of U.S. soldiers and those from other countries. The complete response, with attachments, is at Exhibit D. _________________________________________________________________ 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 an error or injustice. The applicant’s contentions are duly noted; however, after reviewing the evidence of record and the supporting statement 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 provided evidence showing his entitlement to the DFC. The Board would like to point out that the requirements for award of the DFC in accordance with the 1996 NDAA Rules include a recommendation made by someone with firsthand knowledge within the applicant’s chain of command, certified eyewitness statement(s), and a proposed citation. The personal sacrifice he endured for our country is noted; however, insufficient evidence has been presented to warrant corrective action. Therefore, other than the administrative corrections (ACM and the WWIIVM) to his records, we find no basis to recommend granting the additional relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2010-01767 in Executive Session on 10 February 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01767 was considered: Exhibit A. DD Form 149, dated 10 April 2010, w/atchs. Exhibit B. Letter, AFPC/DPSIDRA, dated 14 July 2010, w/atch. Exhibit C. Letter, SAF/MRBR, dated 30 July 2010. Exhibit D. Letter, Applicant, dated 10 August 2010, w/atchs. Panel Chair