RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01932 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC). _________________________________________________________________ APPLICANT CONTENDS THAT: He believes he earned the DFC during a bombing mission on 21 March 1945 while assigned to the 303rd Bomb Group. However, the crew aboard his aircraft was not recommended by his former commander based on an established policy at the time. In support of his appeal, the applicant provides a copy of a DFC award recommendation package, submitted through a Member of Congress, under the provisions of Title 10, United States Code (USC), Section 1130. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Army Air Corps who served on active duty from 14 December 1942 to 30 October 1945. He served as a B-17 Pilot and was honorably discharged from the Air Force Reserve effective 8 November 1956 in the grade of captain (O-3). The remaining relevant facts, extracted from the applicant’s available master personnel records are contained in the evaluation by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR makes no recommendation. DPSIDR states that in accordance with Department of Defense Manual 1348.33, Volume II, the DFC may be awarded to any persons who, after 6 April 1917, while serving in any capacity with the United States Armed Forces, distinguished themselves by heroism or extraordinary achievement while participating in aerial flight. Recommendations for decorations must be submitted within two years and presented within three years of the act, accomplishment, or service performed. However, under the 1996 NDAA, Section 526 (now Title 10, USC, Section 1130), which was enacted into law on 10 February 1996, this timeline has been waived. 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. Any statements from fellow comrades, eyewitness statements attesting to the act, sworn affidavits, and other documentation substantiating the recommendation should be included in the package. Requests, which have not been previously been submitted in a timely manner, will be considered under the provisions of this Act if the request has been referred to the appropriate Secretary concerned by a Member of Congress. DPSIDR indicates the applicant has provided all required documentation in accordance with directives for consideration for award of the DFC under the provision of NDAA, Section 526, and is submitted for the Board’s consideration. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force Evaluation was forwarded to the applicant on 19 June 2011, for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 error or injustice warranting the award of the DFC. In this respect, we note the applicant’s evident accomplishments as stated in his proposed DFC citation, which is verified by witness statements from former crew members. The applicant asserts that his crew was not recommended for the DFC due to the policy of his group commander at the time, although other group commanders for similar units did not follow a similar policy. We are aware that award policy during the period in question varied considerably between the Numbered Air Forces (NAF) and between the groups associated with the NAFs. As such, based on the applicant’s verifiable act of extraordinary achievement while participating in aerial flight, it appears he was not treated equally with others similarly situated. In our view, it would be in the interest of equity and justice to award the applicant the DFC for his service to the Nation. Therefore, we recommend that his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Distinguished Flying Cross for extraordinary achievement, while participating in aerial flight as a B-17 aircraft commander, Crew 44-6516, 360th Bombardment Squadron, 303d Bombardment Group, Headquarters Eighth Air Force, on 1 March 1945. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01932 in Executive Session on 24 January 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2011- 01932 was considered: Exhibit A. DD Form 149, dated 28 Apr 11, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 8 Aug 11, w/atch. Exhibit C. Letter, SAF/MRBR, dated 19 Aug 11.