RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03958

  					COUNSEL:  NONE

					HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).


APPLICANT CONTENDS THAT:

He flew 35 combat missions in World War II as a B-24 nose gunner 
and was promised the DFC.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 24 Oct 
43.

On 22 Jul 44, he arrived in the United Kingdom and was assigned 
to the 453rd Bomb Group where he flew 35 combat missions.

On 1 Sept 44, he was promoted to Sergeant.

On 23 Feb 45, he was reduced in rank to Private and two weeks 
later, on 9 Mar 45, his rank of Sergeant was restored.

On 25 Oct 45, the applicant was furnished an honorable 
discharge, and was credited with 1 year, 3 months, and 7 days of 
active service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFHRA/RS recommends denial indicating there is no evidence of an 
error or an injustice.  The applicant did not meet the in-place 
policy of the Second Air Division, Eighth Air Force, and 
criteria for the award of the DFC.  The DFC was not bestowed for 
flying a specific number of combat missions, but for those 
individuals whose extraordinary achievement or heroism in aerial 
flight for a specific accomplishment or for a sustained record 
of exceptionally outstanding performances of duty as clearly to 
set him apart from his comrades who have not been recognized.  
Furthermore, their service had to be honorable upon completion 
of their missions.  Due to the claimant’s actions that resulted 
in reduction in rank and removal from flying status for a period 
of seven weeks, it is doubtful the 734th Bombardment Squadron’s 
leadership believed he met the criteria.

A complete copy of the AFHRA/RS evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 4 Feb 16 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate 
the existence of an error or injustice.  After a careful review 
of the applicant's contentions, documentation submitted in 
support of the request, and the available evidence of record, we 
are not convinced the applicant has provided sufficient evidence 
for us to conclude that he is the victim of an error or 
injustice.  We also note the applicant did not file the 
application within three years after the alleged error or 
injustice was discovered, or should have been discovered, as 
required by Title 10, United States Code, Section 1552 and Air 
Force Instruction 36-2603.  Therefore, because we do not find it 
would be in the interest of justice to recommend granting 
relief, and the applicant has offered no plausible reason for 
the delay in filing the application, we cannot conclude it would 
be in the interest of justice to excuse the failure to timely 
file the application.  Accordingly, we find the application 
untimely.


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-03958 in Executive Session on 23 Feb 16 and 7 Mar 
16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, date stamped 29 Sep 14, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFHRA/RS, dated 22 Jan 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 4 Feb 16.