RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02341

            COUNSEL:  NONE

            HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).


APPLICANT CONTENDS THAT:

In an era when 25 to 35 missions were considered a combat tour and  resulted
in award of a DFC, he  completed  61  missions,  flying  300  combat  hours.
Furthermore, his actions on 19 August 1944 meet the requirements  for  award
of the DFC.  In this respect, he notes  that  while  on  a  bombing  mission
against the coastal defense guns in the south of  France,  he  was  severely
injured when his aircraft sustained heavy damage  from  anti-aircraft  guns.
Despite his injuries, he completed the mission,  and  successfully  returned
to base.  The aircraft was later found unfit to fly, with over 350 holes.

In support of the appeal, applicant submits a Letter of  Recommendation  for
award  of  the  DFC,  dated  2  August  1944,  his  personal  statement,   a
certificate of his combat mission and combat  time,  a  statement  from  the
439th  Bombardment  Squadron   Adjutant   indicating   that   the   Squadron
Intelligence Officer recommended the applicant for the DFC.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

In 1942, the 12th Air Force in Africa had a policy of awarding the  DFC  for
completion of 25 combat missions.

On 20 May 1943, the applicant was commissioned a second  lieutenant  in  the
Army Air Corps.

The applicant served in the European Theater of Operations  from  1 November
1943 to 31 September 1944, assigned to 439th Bombardment Squadron as a  B-26
pilot.  He completed a total of 61 combat missions and was awarded  the  Air
Medal, with 9th Oak Leaf Cluster (AM, 9 OLC); the Purple  Heart;  the  Croix
de Guerre, with Palm; the World War II Victory Medal; the  European-African-
Middle Eastern  Campaign  Medal,  with  4  Bronze  Service  Stars,  and  the
American Campaign Medal.

While on a bombing mission against the coastal defense guns guarding  Toulon
Harbor, France, on 19 August 1944, the applicant’s aircraft was  extensively
damaged  by  anti-aircraft  fire  and  the  applicant  was  injured.     The
applicant completed the mission and returned to base.  For the  injuries  he
sustained as a direct  result  of  enemy  action  on  19  August  1944,  the
applicant was awarded the Purple Heart.

On 22 August 1944, the 439th  Bombardment  Squadron  Commander,  recommended
the applicant for award of the DFC based on his actions on 19 August 1944.

On  25  October  1944,  the  applicant  was  awarded  the  AM,  9  OLC,  for
meritorious achievement on 11 August 1944.

On 1 September 1975, the  applicant  retired  in  the  grade  of  lieutenant
colonel.  The applicant completed 26 years and 10 months of active  service.


In 1996 and 1997, the Air Force  Personnel  Counsel  (AFPC)  considered  and
denied a similar request.


AIR FORCE EVALUATION:

The Recognition Programs Branch, AFPC/DPPPRA, reviewed this application  and
states the orders awarding the  applicant  the  AM,  2  OLC,  are  dated  25
October 1944.  Therefore, if a recommendation for a DFC  was  submitted,  it
was not processed  into  official  channels  or  disapproved  by  the  final
approval/disapproval authority.  There is no indication the  applicant  made
any inquiry regarding the status of the recommendation.  The  recommendation
is not signed and there is no indication it was  ever  submitted  or  placed
into official channels.  Other than the 1952  statement  from  the  squadron
adjutant, there are no statements from anyone with first hand  knowledge  of
the events on 19  August  1944,  as  required.   Therefore,  they  recommend
denial of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that  the  action
that resulted in award of the AM occurred on 11 August  1944.   He  believes
the order date of 25 October 1944 demonstrates the  delay  through  official
channels for award approval.

The applicant’s complete response is attached at Exhibit G.


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 probable error or injustice.  In this  respect,  we  note  that
while on a bombing mission against the coastal defense guns guarding  Toulon
Harbor, France, on 19 August 1944, the applicant’s aircraft was  extensively
damaged by anti-aircraft fire  and  the  applicant  was  seriously  injured.
Despite his injuries the applicant successfully completed  the  mission  and
safely returned his damaged aircraft to base.  As a result of his  injuries,
the applicant was hospitalized and subsequently  awarded  the  Purple  Heart
(PH).  On 22 August 1944, the applicant was recommended  for  award  of  the
DFC based on his actions on 19 August 1944; however, we find no evidence  as
to the outcome of  the  recommendation.   In  support  of  the  appeal,  the
applicant has provided a copy of the  DFC  recommendation  and  a  statement
from the squadron adjutant.  The squadron adjutant states that in  spite  of
the extensive damage to  the  aircraft  and  the  applicant’s  injuries,  he
completed the mission by dropping his bombs on target  and  safely  returned
the damaged aircraft to  base.   In  view  of  the  above,  we  believe  the
applicant’s heroic actions on 19 August 1944 meet the criteria for award  of
the DFC.  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 APPLICANT, be corrected to show that he  was  awarded  the  Distinguished
Flying Cross for heroism while participating in aerial flight on  19  August
1944, over Toulon, France.


The following members of the Board considered this application in  Executive
Session on 16 February 1999, under the provisions of AFI 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Philip Sheuerman, Member
                  Mr. Mike Novel, Member
                 Mr. Phillip E. Horton, Examiner (without vote)

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 18 Aug 98, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPRA, dated 8 Sep 98.
      Exhibit D.  Letter, SAF/MIBR, dated 21 Sep 98.
      Exhibit E.  Letter, Applicant, dated 1 Oct 98.
      Exhibit F.  Letter, AFBCMR, dated 9 Oct 98.
      Exhibit G.  Letter, Applicant, dated 22 Oct 98.




             CHARLENE M. BRADLEY
                                  Panel Chair










AFBCMR 98-02341




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   , be corrected to show that he was awarded the Distinguished
Flying Cross for heroism while participating in aerial flight on 19 August
1944, over Toulon, France.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency