RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03992 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Distinguished Flying Cross (DFC) medal and Enlisted Aircrew Member badge be replaced. Examiner’s Note: Applicant’s request for the Enlisted Aircrew Member badge has been approved and his records will be administratively corrected to reflect the award of this badge. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His house was burglarized and his discharge papers, his service medals, and his crew member wings, were all stolen. He was told his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge would serve to receive duplicates of his medals. He received duplicates of most of his medals; however, he did not receive a duplicate of the DFC. He received the DFC at Fort McPherson on 1 Feb 46. In support of his request, applicant provided a personal statement, a newspaper article, some photos, and a copy of his Certification of Military Service. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The available records reflect he enlisted in the Army Air Corps on 18 Mar 41. He was promoted to the rank of staff sergeant. At the time of his separation, his records reflect he was serving as a B-24 radar observer. He served in the Asiatic- Pacific Theater during World War II from 20 Oct 43 to 13 Jul 45. On 22 Sep 45, he was separated under the provisions of Army Regulation 615-365, for convenience of the government. ________________________________________________________________ _ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states his WD AGO Form 53-55, dated 22 Sep 45, does not reflect the DFC in Box 33. Additionally, they were unable to find supporting documentation in his military record to substantiate award of the DFC; therefore, DPSIDR is unable to grant his request to replace the award of the DFC. 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. The complete DPSIDR evaluation is at Exhibit C. HQ USAF/A3O-AT recommends approval for replacement of the enlisted aircrew member badge. They stated his separation document does not show that he was permanently awarded the aircrew member badge during his service; however, he was awarded the Air Medal with five oak leaf clusters and spent 21 months in the Pacific Theater. A3O-AT’s complete evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 Mar 08, copies of the Air Force evaluations were 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 warrant a correction of his military record. After carefully reviewing this application, we are persuaded by the evidence provided that he was awarded the DFC medal and that it should be replaced. We note most of the applicant’s personnel and flying records were destroyed in the 1973 fire at the National Personnel Records Center, and only a limited record is available. His existing records indicate he was awarded the Air Medal with Five Oak Leaf Clusters while serving as a B-24 Radar Operator in Asiatic- Pacific Theater during World War II. Therefore, based on the evidence provided and the number of combat missions he flew in theater, we believe any doubt of the award should be resolved in the applicant’s favor. In view of the foregoing and in recognition of his service to the Nation, 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 22 September 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as a radar operator in a B-24 bomber in the Pacific Theater during World War II from 20 October 1943 to 13 July 1945. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2007-03992 in Executive Session on 7 May 08, under the provisions of AFI 36-2603: XXXXXXXXXXXX, Chair XXXXXXXXXXXX, Member XXXXXXXXXXXX, Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2007-03992 was considered: Exhibit A. DD Form 149, dated 30 Nov 07, w/atchs. Exhibit B. Applicant’s Reconstructed Records. Exhibit C. Letter, AFPC/DPSIDR, dated 26 Feb 08. Exhibit D. Letter, HQ USAF/A3O-AT, dated 27 Feb 08. Exhibit E. Letter, SAF/MRBR, dated 14 Mar 08. XXXXXXXXXXXXX Chair AFBCMR BC-2007-03992 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 22 September 1945, he was awarded the Distinguished Flying Cross for extraordinary achievement, while serving as a radar operator in a B-24 bomber in the Pacific Theater during World War II from 20 October 1943 to 13 July 1945. XXXXXXXXXXXXXX Director Air Force Review Boards Agency DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary 6 7 8 11 2 5 Examiner: Brenda Thomas, 240-857-5971 brenda.thomas@andrews.af.mil