RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03392 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC). _________________________________________________________________ APPLICANT CONTENDS THAT: He was promised and received the Air Medal, one oak leaf cluster, after completing 750 flying hours. He was promised the DFC after completing 500 flying hours; however, he did not receive it. He had 59 round trips (approximately 600 hours) flying over the “Hump.” Other members of the Hump Pilot Association have received the DFC as promised. After being injured in September 1945, he did not return to his living quarters or have an opportunity to talk with his commanding officer (CO). He does not know why he was missed for the medal. In support of his appeal, the applicant provides copies of a personal letter, his Honorable Discharge Certificate, A.G.O. Form 53-55, Enlisted Record and Report of Separation – Honorable; and special order Number 201, Awards of the Distinguished Flying Cross. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri. The available records provided by the applicant indicate the following. On 1 August 1943, the applicant enlisted in Army Air Corps and served as a Radio Operator. On 15 February 1946, he was honorably discharged after completing two years and seven months of total active duty. His Enlisted Record and Report of Separation document reflects he was awarded the Good Conduct Medal, and Air Medal with one Oak Leaf Cluster and the European-African-Middle Eastern Campaign Medal, with two Bronze Stars and the Victory Medal. The DFC was established by Congress on 2 July 1926 and is awarded to any officer or enlisted person of the Armed Forces of the United States who shall have distinguished her/himself in actual combat in support of operations by heroism or extraordinary achievement while participating in an aerial flight. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states the applicant has not submitted sufficient documentation for award of the DFC. 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. In addition, 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. The complete DPSIDRA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 December 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ 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 and the supporting statement we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has not provided evidence showing his entitlement to the DFC. The Board would like to point out that the requirements for award of the DFC in accordance with the 1996 NDAA Rules include that a recommendation be made by someone with firsthand knowledge within the applicant’s chain of command, certified eyewitness statement(s), and a proposed citation. The personal sacrifice the applicant endured for our country is noted; however, insufficient evidence has been presented to warrant corrective action. Therefore, we find no basis to recommend granting the relief sought. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2010-03392 in Executive Session on 21 June 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03392 was considered: Exhibit A. DD Form 149, dated 13 Sep 10, w/atchs. Exhibit B. Letter, AFPC/DPSIDRA, dated 1 Dec 10. Exhibit C. Letter, SAF/MRBR, dated 17 Dec 10.