RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03186 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to the Distinguished Flying Cross (DFC) for events that occurred during World War II (WWII). ________________________________________________________________ APPLICANT CONTENDS THAT: In WWII he endangered his own life by coming to the aid of a wounded tail gunner. On 19 Jan 2008, the Institute of Military Honors detailed why he received the DFC. In support of his request, the applicant provides a personal statement and a copy of a Certificate of Recognition. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The DFC may be awarded to any person who, after 6 Apr 1917, while serving in any capacity with the United States Armed Forces, distinguishes themselves by 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. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from comrades or from other persons in similar circumstances. In WWII, the DFC was also awarded in recognition of sustained operational activities against an armed enemy. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states that after a thorough review of the applicant's official military personnel record, they were unable to verify award of the DFC. The Institute of Military Honors Certificate of Recognition provided by the applicant is not an official document. Accordingly, he has not provided a proposed citation, inclusive period of the act/achievement, or a recommendation from someone who has firsthand knowledge of the applicant's act/achievement. The applicant has not exhausted all avenues of administrative relief nor has the submission of the request been received in a timely manner. Nonetheless, should the Board determine that the applicant has exhausted all avenues of administrative relief, DPSID recommends denial based on the lack of official documentation in the applicant’s military personnel record. To grant the applicant relief would be contrary to the eligibility criteria established by the War Department, the Department of Defense and/or the Secretary of the Air Force. Notwithstanding the above, DPSID determined the applicant’s entitlement to the American Campaign Medal and the WWII Victory Medal. Upon final Board decision, administrative correction of his official military personnel record will be completed by AFPC/DPSOR. The complete DPSID evaluation is at Exhibit C. AFHRA/RSA recommends denial. RSA states that after a thorough review of the applicant’s official military personnel record and extensive unit history research they cannot verify the applicant’s recollection of the events that occurred during WWII. History does confirm that on 21 Nov 1944, the tail gunner from the applicant’s crew received the Purple Heart for injuries he sustained on that day in question. However, RSA could not find any mention that the applicant or anyone else came to the tail gunner’s aid. After 60 years, RSA cannot second guess his commander's decision not to recommend the applicant for the DFC as allegedly promised by the squadron adjutant at the time of the event. The complete RSA evaluation, with attachments, is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 8 Nov 2013, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, aside from the administrative corrections to his record, 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 this application in Executive Session on 3 Apr 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2013-03186: Exhibit A. DD Form 149, dated 29 Jun 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 16 Sep 2013. Exhibit D. Letter, AFHRA/RSA, dated 23 Oct 2013, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 8 Nov 2013. Panel Chair 1