RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01031
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Distinguished  Flying
Cross.

_________________________________________________________________

APPLICANT CONTENDS THAT:

All of his crew received the DFC but he did not receive the medal.

In  support  of  his  appeal,  the  applicant  provided  congressional
correspondence, which included  his  personal  statements,  supportive
statements, a proposed citation for award of the  DFC,  extracts  from
his military personnel records, and other  documents  associated  with
the matter under review.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Recognition Programs Branch, AFPC/DPPPR, reviewed this application
and recommended denial.  DPPPR noted  that  the  applicant  served  on
active duty during the period  27  Feb  42  to  17 Sep  45,  with  two
overseas tours.  The first overseas tour was in the Pacific Theater of
Operations, during the period 28 Apr 42 to 12 Apr 43; his second  tour
was in the European Theater of Operations, during the period 21 May 44
to 3 Jul 45. Unfortunately, the applicant's records were destroyed  in
the 1973 fire in the National Personnel Records Center.  However,  his
Report of Separation (WD AGO Form 53-55) reflects  award  of  the  Air
Medal with 1  Silver  Oak  Leaf  Cluster  and  European-African-Middle
Eastern Campaign Medal with 3 Bronze Service Stars.  DD Form 215 on 12
Sep 94 added the World War II Victory Medal.  The  applicant  is  also
entitled to the American Campaign Medal and  Asiatic-Pacific  Campaign
Medal; these have not  been  added  yet,  to  preclude  publishing  an
excessive number of DD Forms 215.

DPPPR also noted that the waist gunner of the applicant’s crew in  the
712th Bombardment Squadron provided a statement in which he  confirmed
that he had received the DFC  for  completing  35 missions,  that  the
applicant had completed 35 missions, and the standard practice in  the
8th Air Force was award of the DFC for completing a tour of  duty  (35
missions by 1945).  He recommended the applicant for award of the DFC.
 A second crewmember (position unidentified,  but  held  the  rank  of
first lieutenant) provided an affidavit stating he  had  received  the
DFC “as did several other members of this crew.”  He also  recommended
the applicant be awarded the  DFC  for  his  accomplishments  as  tail
gunner and provided a proposed citation.

DPPPR indicated that the applicant first submitted an application  for
correction of military record in 1994; the case was  denied  in  their
office (under policy in practice at that time) because  the  applicant
did not provide  a  written  recommendation.   He  submitted  requests
through Congressional channels on three occasions, two of  which  were
forwarded to Secretary of the Air Force Personnel Council  Board,  and
both were denied on 11 Mar 99, 6 Jul 00, and 22  Feb  01.   Since  the
applicant’s accomplishments occurred over 55 years ago,  and  most  of
the personnel in his chain of command and  crewmembers  are  deceased,
they consider the written recommendations made on 27 Apr 99 and 16 Aug
00  to  be  valid   recommendations   under   the   National   Defense
Authorization Act of 1996.  However, the proposed citation only covers
the period 17 Jun 44 to 6 Dec 44.  Both of  the  applicant’s  overseas
tours should be included (28 Apr 42 to 12 Apr 43  and  21  May  44  to
3 Jul 45) to ensure that all 35 combat flight missions  are  included.
The applicant stated that the 8th Air Force policy at that time was to
award the DFC for completion of 35 combat flight missions, and that he
did complete 35 combat flight missions.  However, in 1943 Headquarters
(HQ) Army Air Forces changed the policy regarding award of the DFC and
Air Medal (Attachment 1). The  Commanding  General  of  the  Army  Air
Forces  stated  that  under  no  circumstances  would   the   DFC   be
automatically awarded based solely on  the  number  of  combat  flight
missions accomplished; unfortunately, the change  took  time  reaching
commanders in the field.

A complete copy of  the  DPPPR  evaluation,  with  attachment,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating that all his crew members received the DFC, to be sure  all
the officers.  He asks for nothing more than  what  his  crew  members
have received.

Applicant’s complete response is 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice.   After  a  thorough  review  of  the
evidence presented, to include the  statements  from  members  of  the
applicant’s crew, we are sufficiently  persuaded  that  the  applicant
flew the requisite missions (35) during his two overseas tours,  which
included the periods 28 Apr 42 to 12 Apr 43 and 21 May 44 to 3 Jul 45,
that would have resulted in the award of the DFC  had  the  change  in
policy  in  1943  not  occurred.   According  to  one  member  of  the
applicant’s crew, it was the standard practice of the 8th Air Force to
award the DFC for completion of 35 combat flight missions.  After  the
change in policy in 1943,  we  note  that  a  recommendation  from  an
immediate supervisor or someone having firsthand knowledge of the  act
or achievement was required.   While  it  does  not  appear  that  the
applicant would have met the criteria for award of the  DFC  based  on
the latter policy, when both of his tours are included, it appears  he
would have met the earlier requirement.  Therefore,  in  view  of  the
applicant’s dedicated  service  and  sacrifice  for  his  country,  we
believe it is in the interest of justice to award  the  applicant  the
DFC.  Accordingly,  we  recommend  that  the  applicant’s  records  be
corrected to reflect award of the DFC.

_________________________________________________________________

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 extraordinary achievement
while participating in aerial flight during the periods 28 Apr  42  to
12 Apr 43, and 21 May 44 to 3 Jul 45.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 Sep 01, under the provisions of AFI 36-2603:

      Mr. Patrick R. Wheeler, Panel Chair
      Mr. Timothy A. Beyland, Member
      Ms. Brenda L. Romine, Member

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

     Exhibit A.  DD Form 149, dated 5 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 9 Aug 01.
     Exhibit D.  Letter, SAF/MIBR, dated 17 Aug 01.
     Exhibit E.  Letter, applicant, dated 21 Aug 01.




                                   PATRICK R. WHEELER
                                   Panel Chair



AFBCMR 01-01031




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 extraordinary achievement while
participating in aerial flight during the periods 28 Apr 42 to 12 Apr
43, and 21 May 44 to 3 Jul 45.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency