RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02645 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His late father and the crew of the “Night Prowler” be entitled to award of the Distinguished Flying Cross (DFC) for a bombing mission on 15 Jul 45. ________________________________________________________________ THE APPLICANT CONTENDS THAT: As documented in the “Herb Bach Diary,” the record shows that both the DFC and the Silver Star were awarded to the aircraft commander during that mission. The crew, including his father, was promised that they would all receive the DFC. The aircraft during this 17 hour mission, on 15 Jul 45, was piloted by both the commander and his father. The success of the mission depended on both of them in bringing the crew back safely, with only three engines, full of flak, and no remaining ammunition. His father always talked about the mission; however, no proof was ever found until the “Herb Bach Diary,” and the story of “Jesse O,” was found on the internet. In support of his appeal, the applicant provides a copy of his father’s death certificate; contact information for the crewmembers; a printout entitled the “Memoirs of Herbert C. Bach”; a copy of the decedent’s WD AGO Form 53-98, Military Record and Report of Separation, issued in conjunction with his 25 Dec 45 discharge, and an inquiry through his Member of Congress. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The decedent was in the Army Air Corps and served in the Asiatic Pacific Theatre of Operation from 20 Jun 45 to 25 October 45, as a pilot. He was awarded the Air Medal (AM) for meritorious achievement while participating in aerial flights from 10 Jul – 29 Jul 45. 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. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial, stating, in part, the next of kin (NOK) has not provided a recommendation from someone within the applicant’s chain of command who has firsthand knowledge of the incident, a proposed citation, chain of command endorsement, or eyewitness statement(s). Furthermore, the NOK cannot recommend the entire crew for entitlement to the DFC. Additional crew members will need to submit individual recommendations in accordance with the 1996 National Defense Authorization Act (NDAA) rules. The complete AFPC/DPSIDRA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Oct 10 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, including the diary recalling the events during his father’s missions on 15 July 1945. The acts of heroism and personal sacrifice the deceased former member endured for our nation is noted; however, based on our review of the evidence of record and the documentation submitted in support of the appeal, we do not find it sufficient to recommend award of the DFC. Therefore, in the absence of evidence to the contrary, we must recommend denial of the applicant’s request. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified 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-2010-02645 in Executive Session on 7 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 13 Sep 10. Exhibit D. Letter, SAF/MRBR, dated 1 Oct 10.