RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03779 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be corrected to show he was awarded the Distinguished Flying Cross (DFC). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He flew 35 combat missions and met the criteria for award of the DFC. In support of his request, the applicant has provided a copy of his flight log, and a letter from his Congressman. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center; therefore, only a limited record exists. According to the applicant’s available records he enlisted in the Army Air Force on 15 Mar 43 and served until 22 Sep 53 when he was honorably released from active duty. ________________________________________________________________ _ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s available military records do not contain a recommendation for award of the DFC or a special order indicating he was recommended for or awarded the DFC. Additionally, they were unable to verify his entitlement to the DFC based on the documentation the applicant submitted. In 1946 [sic], XXXXXXXXXXX ordered theater commanders not to award the DFC based solely on the number of flight missions completed, each decoration had to have a signed and endorsed recommendation package, and be forwarded through administrative channels to the final approval authority. The timeline for submitting decorations to include the DFC is two years from the date of the act or achievement. However, under the Fiscal Year 1996 National Defense Authorization Act (NDAA), (Section 526), which was enacted into law on 10 Feb 96, this timeline has now been waived. DPSIDR was able to verify the applicant’s entitlement to the American Campaign Medal (ACM), World War II Victory Medal (WWIIVM), and the Republic of Korea War Service Medal (ROKWSM), and a DD Form 215 has been issued with these changes. DPSIDR’s complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 1 Feb 08, 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. ________________________________________________________________ _ 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting the award of the Distinguished Flying Cross. After carefully reviewing this application, we are persuaded by the applicant’s assertions concerning his accomplishments as a gunner on B-24 bomber aircraft and the documentation he provided that he did complete 35 combat missions while serving in the European Theater of Operations from 24 August 1944 through 3 March 1945. In view of the foregoing and in recognition of his service to the Nation, it is our opinion that any doubt should be resolved in the applicant’s favor. Therefore, we recommend his records be corrected to the extent indicated below. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 3 March 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as an aerial gunner in a B-24 bomber on thirty-five (35) combat missions over enemy occupied Continental Europe from 24 August 1944 to 3 March 1945. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2007-03779 in Executive Session on 19 Mar 08, under the provisions of AFI 36-2603: Mr. XXXXXXXXXXXXX, Panel Chair Mr. XXXXXXXXXXXXX, Member Ms. XXXXXXXXXXXXX, Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2007-03779 was considered: Exhibit A. DD Form 149, dated 22 Aug 07, w/atchs. Exhibit B. Applicant’s Available Records. Exhibit C. Letter, AFPC/DPSIDR, dated 26 Dec 07. Exhibit D. Letter, SAF/MRBR, dated 1 Feb 08. XXXXXXXXXXXXX Panel Chair AFBCMR BC-2007-03779 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to [APPLICANT], be corrected to show that on 3 March 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as an aerial gunner in a B-24 bomber on thirty-five (35) combat missions over enemy occupied Continental Europe from 24 August 1944 to 3 March 1945. XXXXXXXXXXX Director Air Force Review Boards Agency