RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02487 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Distinguished Flying Cross (DFC). _________________________________________________________________ APPLICANT CONTENDS THAT: He flew 35 missions over Germany and France from July 1944 through January 1945. On one of his missions, his plane was hit by enemy fire over Germany and he crashed landed in Allied French territory. He recently discovered a member of his flying group received a DFC for only 34 missions. In support of his request, the applicant provides copies of extracts from his military personnel records and a letter of support. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Available records reflect the applicant entered the Army Air Corps on 1 Jul 1943. He was honorably discharged on 3 Nov 1945. The applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center. The DFC was established by Congress on 2 Jul 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. 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 and a narrative recommendation was required for all subsequent decoration submissions. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states no official documentation was located in the applicant’s records or provided that verifies the applicant’s entitlement to the DFC. Decorations, including the DFC, require a signed written recommendation be submitted into official channels and processed through the approval authority. The recommendation must be submitted within two years and the decoration presented within three years of the act, accomplishment or service performed. However, the National Defense Authorization Act (NDAA) Section 526, which was enacted into law on 10 Feb 96, waived the timeline. Under this Act, 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 or achievement, with firsthand knowledge of the member’s accomplishments. If someone had firsthand knowledge of accomplishments or achievements, they 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. The complete HQ AFPC/DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he believes he is entitled to the DFC. He requested an extension of time to gather additional information. However, it was explained to him that extensions are not granted and he had the option of having his case administratively closed. He chose to proceed with his case. The applicant’s 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 error or injustice. We note the applicant’s records were destroyed by fire; however, his WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, issued in conjunction with his 3 Nov 45 discharge, reflects he was awarded the Air Medal with five Oak Leaf Clusters. Without records, an eyewitness statement or sworn testimony from former crew members, we are unable to verify the applicant’s eligibility for the DFC. Therefore, 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. In view of the above and in 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-2010-02487 in Executive Session on 16 December 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered for Docket Number BC-2010-02487: Exhibit A. DD Form 149, dated 15 Dec 09, w/atchs. Exhibit B. Letter, HQ AFPC/DPSIDR, dated 23 Aug 10. Exhibit C. Letter, SAF/MRBR, dated 10 Sep 10. Exhibit D. Letter, Applicant, dated 1 Oct 10, w/atchs.