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AF | BCMR | CY2001 | 0100203
Original file (0100203.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00203
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His commander during World War II recommended an entire crew of ten men  for
the  DFC,  and  he  was  the  only  crewmember  who  did  not  receive  this
decoration.

In support of his appeal,  the  applicant  provided  a  personal  statement,
letter from a crewmember, dated 12 February 1998, and other documentation.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by  fire  in  1973  at
the National Personnel Records  Center  (NPRC).   Limited  military  records
were available.

The applicant enlisted into the Air Corps on 12 November 1941 for  a  period
of four (4) years.

Applicant was discharged on  25  September  1945,  in  the  grade  of  Staff
Sergeant with an honorable discharge, under the  provisions  of  AR  615-365
(Convenience of the Government - Demobilization).  He served a  total  of  3
years, 3 months and 28 days of total active military service.

_________________________________________________________________




AIR FORCE EVALUATION:

The Promotion, Evaluation and Recognition Division, HQ AFPC/DPPPR,  reviewed
this application and states that in 1999, the applicant’s case was  sent  to
the Secretary of the Air Force Personnel Council Board, and his request  was
denied because he did not provide  any  documentation  recommending  him  or
that he was  eligible,  due  to  having  performed  an  act  of  heroism  or
extraordinary achievement during a combat  flight  mission.   The  applicant
states, and provides a statement from another individual, that  he  flew  35
combat flight missions.  The applicant and that individual also  state  that
all the crewmembers, except the applicant, received the DFC.   Of  the  nine
other crewmembers, only the records for four of the named individuals  could
be located.  Of those four, one does not  contain  a  Report  of  Separation
(the  individual  who  provided  the  statement);  of  the  three  remaining
individuals, only two received the DFC.  The applicant has not provided  any
documentation showing he was recommended for the DFC, or  any  documentation
showing he was eligible for the DFC.  He did not provide  any  documentation
to substantiate his claim that the nine other crewmembers received the  DFC,
and their records do not substantiate this claim.  The DFC  is  awarded  for
heroism or extraordinary achievement during a combat  flight  mission.   The
applicant has not provided any documentation or information showing  he  met
the criteria, and the letter of recommendation  from  the  other  individual
did not state that the applicant met the criteria.  Therefore, they can  not
verify that  the  applicant  is  eligible  for  the  DFC.   Therefore,  they
recommend disapproval of the applicant’s request.

A complete copy of the Air Force evaluation, with  attachment,  is  attached
at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 June 2001, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and response within  thirty  (30)  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice  warranting   award   of   the
Distinguished Flying  Cross  (DFC).   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and  recommendation  of  the  Air  Force  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or injustice.  Therefore, in the absence of  evidence
to the contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 3 July 2001, under the provisions of AFI 36-2603:

                  Mr. Henry Romo, Jr., Panel Chair
                  Mr. Philip Sheuerman, Member
                  Ms. Olga Crerar, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 January 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 18 May 2001, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 1 June 2001.




                                HENRY ROMO, JR.
                                Panel Chair





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