RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01542 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC). _________________________________________________________________ APPLICANT CONTENDS THAT: This award is long overdue. He should be awarded the DFC for the extraordinary flying skills and courage displayed on 20 March 1945 when, as co-pilot, he safely ditched a B-17 aircraft into Kvarner Bay saving the lives of all 10 crewmembers. In support of his request, the applicant provides letters of support and Congressional documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: During the time period in question, the applicant was a former Air Corps member who served on active duty from 27 June 1944 through 8 November 1945, as a co-pilot. He served in the European Theatre from 9 February 1945 to 17 May 1945. He was assigned to the 772nd Bomb Squadron, 463rd Bomb Group (Heavy). In accordance with DoD 1348.33M, AP1.1.2.15 and AFI 36-2803, Table 2.1, the DFC may be awarded to any persons who, after 16 April 1917, while serving in any capacity with the United States Armed Forces, distinguish themselves by heroism or extraordinary achievement while participating in aerial flight. Heroism or achievement must be entirely distinctive, involving operations that are not routine. The DFC is not awarded for sustained operational activities and flights. DPSIDRA was able to verify the applicant’s entitlement to the American Campaign Medal (ACM), one Bronze Service Star to his previously awarded European-African-Middle Eastern Campaign Medal (EAMECM w/1 BSS) and the World War II Victory Medal (WWIIVM). AFPC/DPWCM has verified the applicant was a Prisoner of War (POW) and is entitled to the POW medal. His records will be updated accordingly. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states 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. A recommendation has been provided; however, the recommendation was not signed nor was a proposed citation provided which are required in accordance with the 1996 NDAA Rules. In addition, DPSIDRA was unable to verify the person who wrote the recommendation as being in the applicant’s direct chain of command during the period of 20 March 1945. Although an eyewitness statement has been provided by a former resident of Fiume, Italy, it was not officially notarized verifying the authenticity of the signature and the statement. According to the unsigned recommendation and eyewitness statement, the B- 17 aircraft was hit with anti-aircraft artillery as it flew at a low altitude over the city of Fiume causing damage to three of the four engines. Conflicting documentation concerning the cause of the downed aircraft has been located within the applicant’s official military record. According to official documentation dated April 1945, it was determined the probable cause of the downed aircraft was “loss of three engines due to pulling excessive power. About forty miles from the Adriatic coast, the pilot radioed in and said that they could clear the mountains and that they were going to try to ditch.” A letter to the applicant’s family is consistent with the official document dated 5 April 1945; however, according to the applicant’s WD AGO Form 100, Separation Qualification Record, it states the aircraft was shot down. The DPSIDRA complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 6 August 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). 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. 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 the majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for our conclusion the applicant has not provided evidence showing the deceased service member’s entitlement to the DFC. The personal sacrifice the service member endured for our country is noted; however, insufficient evidence has been presented to warrant corrective action. However, other than the administrative corrections (ACM, EAMECM w/1 BSS, EAMECM w/2BSS, WWIIVM, and the POW medal) to his records, the majority of the Board finds no basis to recommend granting the additional relief sought. _________________________________________________________________ RECOMMENDATION OF THE BOARD: The majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01542 in Executive Session on 26 January 2011, under the provisions of AFI 36-2603: By a majority vote, the Board recommended denial of the application. voted to grant the applicant’s request and provided a minority report. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01542 was considered: Exhibit A. DD Form 149, dated 20 May 2010, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Letter, AFPC/DPSIDRA, dated 8 July 2010, w/atch. Exhibit D. Letter, SAF/MRBR, dated 6 August 2010. Exhibit E. Minority Report, dated 15 March 2011, w/atch.