RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00500

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Applicant, the brother of a deceased former service  member,  requests
removal of the statement “100% pilot error” from the  U. S.  Army  Air
Forces Report of Aircraft Accident which occurred on 26 May 1943.

APPLICANT CONTENDS THAT:

There  was   improper   instruction   on   aircraft   type,   numerous
discrepancies and edits in the accident report.

In support of his appeal, applicant attaches a copy of the “Report  of
Aircraft Accident” and congressional documentation.

Applicant’s submission is attached at Exhibit A.

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
deceased former service member's military records,  are  contained  in
the letter prepared by the appropriate Air  Force  office  of  primary
responsibility (OPR).  Accordingly, there is no need to  recite  these
facts in this Record of Proceedings.

AIR FORCE EVALUATION:

The Chief of Safety, AF/SE, states that the report  conforms  to  Army
Air Force Regulation (AAFR)  62-14,  Reporting  and  Investigation  of
Aircraft Accidents, in both format and basic content.   This  accident
occurred in the European Theater of Operations (ETO) rather  than  the
Zone of the Interior  (ZI),  which  most  likely  contributed  to  its
relative brevity.  In 1943, the Army Air Forces experienced a total of
20,389 non-combat-related accidents,  losing  5,603  people  in  those
accidents.

The improper instruction on aircraft type and  numerous  discrepancies
and edits in the accident report are not substantiated.  The applicant
contends that the family was never given a copy of the  report.   This
means that the Army Air Forces were in compliance with AAFR 62-14  and
followed established procedures for properly protecting  the  report’s
contents.  They have since been able to obtain a copy  of  the  report
due to its having been one of thousands  which  were  required  to  be
placed in the public domain in early 1996 to comply  with  Freedom  of
Information Act (FOIA) requirements.

While the finding of  the  report  was  against  the  deceased  former
service member, it was in no way  dishonorable.   Had  his  commanding
officer disagreed with the findings,  he  had  the  right  to  request
higher-level review in accordance with AAFR 62-14.

Assessments of causes surrounding an accident must be  made  based  on
standards of aircrew performance and training, as  well  as  those  of
accident investigation, in effect  at  the  time  of  the  loss.   The
governing directive was properly followed, and the conclusions of  the
Accident Committee are consistent with the state of the  aviation  art
in that era.  They recommend the request be denied.

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 May 1999 for review and response.  Applicant responded and  a  copy
of his response is attached at Exhibit E.

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.     After  thoroughly  reviewing  the  entire  case,  we  find   no
impropriety in the decision rendered by the Accident Committee in June
1943 regarding the  contested  aircraft  accident.   It  appears  that
responsible officials applied appropriate standards regarding  aircrew
performance and training in effect at the time when  they  made  their
decision regarding  the  incident,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated.  Considered  alone,
we conclude that the  assessment  of  the  incident  by  the  Accident
Committee was proper and appropriate to the existing circumstances.

4.    However, consideration of this  Board  is  not  limited  to  the
events which may have contributed to  and  precipitated  the  aircraft
accident.  We have a Congressional mandate which permits consideration
of other factors and we may base our decision on matters of equity and
clemency rather than simply on whether  rules  and  regulations  which
existed  at  the  time  were  followed.   This  is  a   much   broader
consideration  than  officials  involved  in  reviewing  the  aircraft
accident were permitted, and our decision in  no  way  discredits  the
validity of their findings.

5.    Under our broader mandate and after careful consideration of all
the facts and circumstances surrounding this particular  incident,  we
recognize the adverse impact the decision of  the  Accident  Committee
has had on the deceased  service  member’s  family;  and,  while  that
decision may have been appropriate at the time, we believe it would be
an injustice to the memory of the deceased service member and for  his
family to continue to suffer its effects.  Accordingly, we  find  that
corrective action is appropriate as a matter  of  equity  and  on  the
basis of clemency.   Therefore,  we  recommend  the  deceased  service
member’s 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 the 1 June 1943, Army
Air Forces Form 14,  “Accident  Committee  Report  on  [APPLICANT]  in
Spitfire AD-564,” which  occurred  on  26  May  1943,  be  amended  by
removing the statement “Pilot error 100%.”

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

            Ms. Martha Maust, Panel Chair
            Ms. Rita Maldonado, Member

            Ms. Nancy Drury, Member


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

      Exhibit A. DD Form 149, dated 19 Feb 99, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AF/SE, dated 14 Apr 99.
      Exhibit D. Letter, AFBCMR, dated 10 May 99.
      Exhibit E. Applicant's Response, undated.



                 MARTHA MAUST

                 Panel Chair


AFBCMR 99-00500




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 the 1 June 1943, Army Air
Forces Form 14, “Accident Committee Report on APPLICANT in Spitfire AD-
564,” which occurred on 26 May 1943, be amended by removing the
statement “Pilot error 100%.”







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency