RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05501 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased father’s record be corrected to reflect he was awarded the Distinguished Flying Cross (DFC). ________________________________________________________________ APPLICANT CONTENDS THAT: Her deceased father served in World War II as an Airborne Radio Gunner completing 50 combat missions and 27 combat missions in Korea as an Airborne Radio Operator. He was awarded the Air Medal with 1 Silver Oak Leaf Cluster and 4 Bronze Oak Leaf Clusters, the Purple Heart and the Distinguished Unit Citation. In support of the appeal, the applicant provides the former member’s death certificate and documentation from his master personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The decedent is a former member of the Air Force who served in the European Theater of Operation from May 1943 through November 1943 as a member of 12th Air Force. He completed 50 combat missions and participated in Rhineland Air Offensive Europe, Tunisia and Naples-Foggia. He also completed 27 combat missions in Korea. His enlisted record indicates he was awarded an Air Medal with nine Oak Leaf Clusters. The DFC was established by Congress on 2 July 1926 and is awarded for 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. During World War II, the 12th Air Force had an established policy whereby an AM was awarded upon the completion of tour of every 5 missions, and the DFC was awarded upon the completion of every 25 bomber missions. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. The Distinguished Flying Cross is awarded to any officer or enlisted person of the armed forces of the United States who distinguished themselves in actual combat in support of operations by heroism or extraordinary achievement while participating in aerial flight subsequent to “6 April 1917”. The performance of the act of heroism 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. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. After a thorough review of the applicant’s record, his entitlement to the DFC could not be verified. Retroactive recommendations for awards for retirees/veterans beyond the 2 year time limitation may be submitted in accordance with 10 U.S.C. 1130. The law allows for the submission of award recommendations without regard to any previously imposed time constraints, if referred by a Member of Congress. Under the provisions of this law, requests must be referred to the Secretary of the Air Force by a Member of Congress through the Secretary of the Air Force Liaison Office. The burden and costs for researching and assembling documentation to support award recommendations rest with the requester. In order for a request to be reasonably considered under the provisions of law, the member must submit a reconstructed recommendation of the award, a narrative citation of the action, eyewitness attesting to the acts of valor or service performed sworn affidavits, a signed recommendation and a list of potential sources of information to assists in creating a package for future consideration. Should the Board determine all avenues of administrative relief have been exhausted; there is no provided official documentation verifying the decedent was recommended for and awarded the DFC. There is also no justification or supporting documentation that reflects the decedent was eligible for award of the DFC nor is there evidence of an error or injustice. The complete DPSID evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 22 March 2013, 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. We took notice of the available evidence of record and 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The personal sacrifice the applicant endured for our country is noted; however, insufficient evidence has been presented to warrant award of the Distinguished Flying Cross. In the absence of evidence to the contrary, we find no basis to grant 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 BCMR Docket Number BC-2012-05501 in Executive Session on 4 September 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05501 was considered: Exhibit A. DD Form 149, dated 16 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 19 Feb 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 22 Mar 13.