RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03602 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to award of the Distinguished Flying Cross (DFC) for his actions of 10 May 1944. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should have been awarded the DFC for actions performed prior to being shot down on 10 May 1944. He was injured, hospitalized and taken to a Prisoner of War (POW) camp. After escaping from the POW camp, he eventually made it back to friendly lines; was returned to the United States and discharged. He was aware of the submission for the award after he had three confirmed kills; before his B-17 aircraft was shot down. However, he believes that after being shot down, eyewitness accounts provided sufficient evidence that they were killed in action (KIA) and all of the non-essential records at the base were destroyed, and no further action was taken on the submission for award of the DFC. In support of his appeal, the applicant provides a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, issued in conjunction with his 27 Oct 45 discharge; a copy of his honorable discharge certificate; a copy of his Missing Air Crew Report (MACR); letters of support, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty, on 15 Mar 43, in the Army Air Force and had continuous service until his 27 Oct 45 discharge. He was progressively promoted to the grade of staff sergeant (SSgt) and was credited with one year, three months, and eight days of continental service, and one year, four months, and five days of foreign service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, stating, in part, after a thorough review of the applicant’s military personnel record, they were unable to locate a special order or any other documentation verifying the applicant’s award of the DFC. The DFC, authorized by an Act of Congress on 2 July 1926, amended by Executive Order 7786 on 8 January 1938, 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, subsequent to 11 November 1918. The complete AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant reiterated his original contention and believes he has submitted enough evidence to substantiate his claim. He notes being the recipient of the Purple Heart (PH) Medal and the POW recognition medal, through previous board actions. In support of his appeal, the applicant provides a personal statement; an account of his actions on 10 May 44; a copy of newspaper articles and other supporting documents. The applicant’s complete response, with attachments, is at 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 opinion and recommendation of the Air Force office 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. The acts of heroism and personal sacrifice the applicant 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, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2010-03602 in Executive Session on 14 July 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 13 Dec 10. Exhibit D. Letter, SAF/MRBR, dated 7 Jan 11. Exhibit E. Letter, Applicant, dated 19 Jan 11, w/atchs.