RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02510 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He receive flight pay for two missions flown in 1942. ________________________________________________________________ APPLICANT CONTENDS THAT: In 1942, he flew two flights as a radio-operator/gunner on a bomber but didn’t receive flight pay. On his second mission, on 1 Sep 42, the plane was shot down, he was captured and held as a Prisoner of War (POW) in Italy. The widow of the copilot of his plane stated that both her husband and the plane’s pilot were paid flight pay while flying in combat in the same airplane. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant initially entered active duty in the Army on 28 Jun 41 and served as a radio operator/aerial gunner on board a B-25 Bomber during World War II. On 1 Sep 42, on his second combat flight, his plane was shot down, he was captured, and held as a POW in Italy. On 14 Sep 43, he escaped from the POW Camp, evaded recapture, and eventually made his way back to an Allied unit. The applicant was credited with flying two combat missions for a combined total of one and a half hours of combat flying time, and a total of 50 flying hours in a combat type airplane. The applicant’s Official Military Personnel File (OMPF) was stored at the National Personnel Records Center (NRPC) on 12 Jul 73, in an area that suffered damage from a fire that destroyed the major portion of records of Army military personnel for the period 1912 through 1959. While a reconstituted file was compiled for the applicant, it contains limited service data. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-IN does not make a recommendation in this case because insufficient evidence is available to make a determination. The documents destroyed in the fire would have contained the entitlements paid the applicant during the time in service, to include payment of “Fly Pay.” However, Fly Pay Executive Order (EO) 4610, dated 10 Mar 27, modified the requirements for “Fly Pay” of “ten flights” by specifying that the ten flights had to total at least three hours. These performance prerequisites for flight pay entitlement continued in basically the same form until the adoption of the Career Compensation Act of 1949. This office has no way to confirm that the requirement for ten flights was fulfilled. A complete copy of the AFPC/DPAPP 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 3 Aug 12 for review and comment within 30 days. As of this date, no response has been received by this office (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 took notice of the applicant's complete submission in judging the merits of the case; however, the Board notes the applicant did not provide sufficient documentation to establish he completed ten flights, with a total flying time of at least three hours, cited by DFAS as the minimum required to qualify to receive flight pay. The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his outstanding service. However, in view of the above and 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; 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-2012-02510 in Executive Session on 20 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Jun 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, DFAS-IN, dated 30 Jul 12. Exhibit D. Letter, SAF/MRBR, dated 3 Aug 12.