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AF | BCMR | CY2001 | 0102353
Original file (0102353.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02353

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was recommended for the  DFC  for  bombing  the  Japanese  heavy  cruiser
“Aoba,” but never received it.

The applicant states that on 6 June 1944, he was the lead bombardier  aboard
a B-24 aircraft during a bombing attack against  a  Japanese  ship  and  his
aircraft was the only one in the formation  to  score  direct  hits  on  the
“Aoba.”  He was told that he was recommended for the  DFC  for  the  mission
because the bombardier of another aircraft received  the  DFC  under  almost
identical circumstances.  The original letter recommending him for  the  DFC
may have been changed or substituted for another by  someone  having  access
to the commander’s office.

In support of the appeal, applicant submits excerpts from a newsletter,  the
380th Bomb Group history, and statements from  the  former  tail-gunner  and
engineer gunner (top turret).  The statement from the tail-gunner  indicates
that he saw three bombs splash very close to the left side of the  ship  and
one bomb splash on the right  side  of  the  ship.   The  engineer  gunner’s
statement indicates that he saw a bomb hit the deck and both  sides  of  the
cruiser as they made their turn to avoid the flak.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former Army Air  Corps  B-24  bombardier  who  served  on
active duty from 13 May 1943 through 21 November 1945.



During this period, he completed a total  of  35  combat  missions  and  was
awarded the Air Medal with Two Oak Leaf Clusters, two Bronze Service  Stars,
and a Letter of Commendation by the Commanding General, Far East Air  Forces
(FEAF).

The DFC was established by Congress  on  2 July  1926  and  is  awarded  for
heroism or extraordinary achievement while participating in  aerial  flight.
The performance of the act of heroism must be evidenced by voluntary  action
above and beyond the call of duty.

During World War II, the 5th Air Force had an established policy  whereby  a
DFC was awarded upon the completion of 50 combat  missions  and  an  AM  was
awarded upon the completion of 25 combat missions.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Recognition Programs Branch, AFPC/DPPPR, states  that  while  the
applicant has provided statements from  individuals  regarding  the  6  June
1944 bombing mission on a Japanese vessel, the statements  are  conflicting.
The statement from the tail gunner  indicates  that  he  saw  splashes  very
close to either side of the Japanese ship, and the statement  from  the  top
turret gunner indicates that he saw a bomb hit  the  deck  of  the  Japanese
ship.  The newsletter article attributes the hit to another individual,  but
the Group history gives the applicant credit for  the  hit.   The  applicant
contends the other individual took credit for his hit and  was  awarded  the
DFC.  Although there is no longer any record of a DFC  recommendation  being
submitted into official channels, they believe that it  was  submitted,  but
the FEAF Commander awarded him a Letter of  Commendation,  in  lieu  of  the
DFC.  Since the applicant waited over 55 years to submit  a  claim  for  the
DFC, there are no longer any records available for verification and most  of
the individuals who would have had first-hand knowledge are deceased,  there
is no way to verify any of his claims.  Therefore, they recommend denial  of
his 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
eyewitness statements are not in conflict with each other.   Neither  gunner
apparently had full view of the target at the time so each only states  what
he saw, which was the right thing for them to do.   The  squadron  commander
signed a  letter  two  days  after  he  said  that  he  had  sent  a  letter
recommending him for the DFC.  In addition, there  is  mention  of  the  DFC
recommendation in official documents.  In view of this,  and  since  another
bombardier from the same squadron, some 50  years  later,  told  the  editor
writing the group  history  that  he  was  the  bombardier  on  the  subject
mission, it should lead a reasonable and prudent person to believe  that  an
investigation is warranted  to  determine  if  the  letter  written  by  the
squadron commander was either changed or substituted; whereby, the  DFC  may
have been issued to an undeserving person.

The applicant’s complete 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of record and noting the applicant's  contentions,  a  majority  of
the Board is not persuaded that  he  should  be  awarded  the  Distinguished
Flying Cross (DFC).  The statements provided by the applicant’s former  crew
member’s are duly noted; however, a majority of  the  Board  does  not  find
them, in  and  by  themselves,  sufficient  to  warrant  awarding  the  DFC.
Although the applicant was recommended for the DFC,  there  is  no  evidence
the recommendation was approved.  Furthermore, it appears that  in  lieu  of
the DFC, the applicant received a Letter of Commendation for his actions  on
6 June 1944.  The personal sacrifice the applicant endured for  his  country
is noted and the majority’s recommendation to deny the requested  relief  in
no way diminishes  the  high  regard  we  have  for  his  service;  however,
insufficient documentary evidence has been  presented  to  warrant  awarding
him the DFC.  Therefore, in the absence of evidence  to  the  contrary,  the
majority of the Board finds no compelling basis to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or
injustice and recommends the application be denied.

_________________________________________________________________




The following members of the Board considered this application in  Executive
Session on 6 November 2001, under the provisions of AFI 36-2603:

                  Ms. Peggy E. Gordon, Panel Chair
                  Mr. John B. Hennessey, Member
                  Mrs. Carolyn J. Watkins, Member

A majority of the Board voted to deny the application.  Mr. Hennessey  voted
to grant the application and has submitted a  Minority  Report  that  is  at
Exhibit F.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 14 Sep 01, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 28 Sep 01.
      Exhibit E.  Letter, Applicant, undated.
      Exhibit F.  Minority Report.




                                   PEGGY E. GORDON
                                   Panel Chair






MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                        FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of SUBJECT

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency




MEMORANDUM FOR THE EXECUTIVE DIRECTOR
                     AIR FORCE REVIEW BOARDS AGENCY

SUBJECT:  APPLICANT, DOCKET NO: 01-02353

      The majority of the Board recommends that the applicant’s request  for
award of the Distinguished Flying Cross (DFC) be denied.  However,  in  view
of the circumstances in this case, I believe he should be awarded the DFC.

      The majority of  the  Board  found  the  statements  provided  by  the
applicant’s former crew members insufficient to warrant  awarding  the  DFC.
However, I find these statements from eyewitnesses to  the  sinking  of  the
Japanese Heavy Cruiser Aoba compelling.  The former tail-gunner states  that
he saw three bombs splash very close to the left side of the  ship  and  one
bomb splash of the right side of the ship and  the  engineer  gunner  states
that he saw a bomb hit the deck and both sides of the cruiser as  they  made
their turn to avoid the flak.

      In view of these statements, and since the 380th  Bomb  Group  history
gives the applicant credit for the  direct  hit  on  the  Aoba,  I  strongly
believe the applicant has met his burden of proof that his  records  are  in
error  and  unjust.   Therefore,  based  on  a  totality  of  the   evidence
presented, I  believe  the  interest  of  justice  can  best  be  served  by
resolving this issue in the applicant’s behalf.

      Based on the foregoing, I recommend that the applicant  be  awarded
the DFC for his actions on 6 June 1944.




                                        JOHN B. HENNESSEY
                                        Panel Chair


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