RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 01-01848
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.    His records be corrected to reflect that he completed a  total  of  28
combat missions, rather than 27 combat missions.

2.    He be awarded the Distinguished Flying Cross (DFC).

3.    He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should be awarded the DFC because he  completed  a  total  of  28  combat
missions prior to being reassigned to perform instructor duty.  Had  he  not
been reassigned he would have completed a total of 35  combat  missions  and
met the requirement for award of  a  DFC  (i.e.,  completion  of  35  combat
missions).  The criteria for award of the DFC was  changed  from  25  to  30
combats mission, and later from 30 to 35 combat missions.

He should be entitled to the PH for wounds he received as  a  direct  result
of enemy action.  On 4 June 1944, while on a combat mission  over  Boulogne,
France, his foot was hit by enemy anti-aircraft flak.

In support of his request, applicant  submits  extracts  from  his  personal
copies of his military records, a statement  from  the  former  ball  turret
gunner of his crew, and a page from the 390th Bomb Group  Research  Database
indicating that he completed a  total  of  28  combat  missions  during  the
period 6 June 1944 through 8 August 1944.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The National Personnel Records Center (NPRC) has been unable to  locate  the
applicant’s  original  military  records  and  it  is  presumed  they   were
destroyed by  fire  in  1973  at  the  NPRC  in  St. Louis.   The  following
information has been extracted from the reconstructed  records  provided  by
the NPRC and the records provided by the applicant.

The applicant was inducted into the Army of the United States  on  31  March
1943.  He entered active duty on 7 April 1943, was assigned to duty  in  the
Air Corps, and was progressively promoted to the grade of staff sergeant.

The applicant was assigned to the 390th Bomb Group, 8th Air  Force,  in  the
European Theater of Operations as a  B-17  “Flying  Fortress”  tail  gunner,
from 5 May 1944 through 3 October 1944, when he returned to the  Continental
United  States.   The  applicant  attended  the  Airplane  Armorers   (B-17,
Specialized) course at Lowry Field,  Colorado,  from  22  December  1944  to
12 February 1945.

The  applicant  was  honorably  discharged  on  8  October  1945,  for   the
Convenience of the Government (Demobilization).   He  was  credited  with  2
years and 23 days of continental service and 5 months and 9 days of  foreign
service.  His discharge document shows he had participated in  the  Northern
France campaign and had flown 27 combat missions.  He had been  awarded  the
Distinguished Unit Badge, the European-African-Middle Eastern Service  Medal
with 3 Battle Stars, the Good Conduct Medal, the Air Medal with 3  Oak  Leaf
Clusters, and 1 Overseas Bar.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the  application  be  denied.  AFPC/DPPPR  states,  in
part, that they notified the applicant of the criteria for the  DFC  and  PH
and requested that he provide additional  information  to  substantiate  his
claim.  However, he did not respond.  There is no evidence in  his  military
records that supports that he was  injured  as  a  direct  result  of  enemy
action.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit B.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that it is difficult to get any information when  there
are no records and all of his officers have died.  He  indicates  a  medical
doctor verified his injury; however, no documentation was provided.

The applicant’s complete response, with attachments, is at Exhibit D.

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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.

      a.  After a thorough review of  the  applicant’s  submission  and  the
supporting documentation he provided, we are not persuaded that  his  record
should be corrected to reflect completion of 28 combat missions or  that  he
be  awarded  the  Distinguished  Flying  Cross  (DFC).   We  note  that  the
applicant was awarded the Air  Medal  with  3  Oak  Leaf  Clusters,  and  we
believe this was the recognition intended for his combat missions  while  in
the European Theater of Operations.  As to the applicant’s belief  that  had
he not been assigned to instructor duties, he would  have  flown  sufficient
missions to earn the DFC, while this may or may not be true, we must  assume
that his assignment to such duties was in keeping  with  the  needs  of  the
service, which are of paramount importance.  While we note the  listing  the
applicant provided from his former  organization’s  web  site,  we  are  not
convinced by this document, alone, that  he  completed  28  missions  rather
than the 27 missions shown on his separation documents.  Therefore,  in  the
absence of convincing evidence by the applicant to the contrary  or  showing
that he met the criteria for award of the DFC, his requests in  this  regard
are not favorably considered.

      b.  We took notice of the applicant’s contention  that  he  should  be
awarded the Purple Heart for an injury sustained while on a  combat  mission
over Boulogne, France.  After a thorough review of his  submission  and  the
supporting documentation he provided, to include  a  letter  from  a  fellow
crew member who indicates that the applicant was hit by flack on  his  foot,
we are not persuaded by this statement that he should be awarded the  Purple
Heart Medal.  There is no contemporaneous evidence of medical treatment  for
the wound he alleged he sustained nor did the applicant provide any  current
medical evidence of scarring or  other  residuals  of  the  asserted  injury
which would persuade us that he had an injury which warranted the  award  of
the Purple Heart Medal.  In the absence of such evidence, we agree with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility concerning the  applicant’s  request  for  the  Purple  Heart
Medal.

      c.  While we appreciate and  honor  the  applicant’s  service  to  his
country, in view of the above and absent  persuasive  evidence  showing  his
records are in error or unjust, the applicant’s requests are  not  favorably
considered.

_________________________________________________________________

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  Docket  Number  01-01848  in
Executive Session on 18 December 2001, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Jay H. Jordan, Member
      Ms. Martha Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 June 2001, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 29 October 2001.
    Exhibit C.  Letter, SAF/MIBR, dated 2 November 2001.
    Exhibit D.  Letter, Applicant, undated.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair