RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-01288
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Medal  with  4th  Oak  Leaf  Cluster  (AM  4OLC)  awarded  for
accomplishments on 10 Oct 44 be upgraded  to  a  Distinguished  Flying
Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The commanding officer of the 65th Bombardment Squadron (65  BS)  made
the recommendation for the DFC on 23 Jun 45.

He provides copies of  a  28  Feb  02  email  from  the  former  pilot
recommending  the  radio  operator  for  the  DFC  and  a  23  Jun  45
recommendation from the 65 BS commander for the DFC for the pilot.  In
his email, the pilot claims the entire crew was assured they would  be
recommended for the DFC and, 50 years later, he  was  finally  awarded
the DFC. The former squadron flight  surgeon  provides  an  8  Mar  01
statement asserting the crew was put in for the DFC but the award  was
never processed. The former surgeon contends the pilot, the  applicant
and the radio operator deserve the award. The applicant also  provides
a narrative of his exploits entitled “My Lucky Dice.”

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records  were  destroyed  in  the  1973  fire  at  the
National Personnel Records  Center.   The  following  information  was
extracted from official documents provided by the applicant  (Exhibits
A and C).

According to his Report of Separation, the  applicant  entered  active
duty on (7-?) Feb 44.  He was deployed to New Guinea on 22 May 44.

On 10 Oct 44,the applicant was the co-pilot of a B-24 aircraft  taking
part in a mass formation daylight strike against the strongly defended
and strategically important Japanese oil refinery base at  Balikpapen,
Borneo. The crew executed a perfect bombing run, during which a  shell
struck the aircraft’s bomb bay and exploded in the  fuselage,  killing
the navigator and  wounding  three  of  the  gunners.  Although  badly
damaged by machine gun and anti-aircraft fire, the B-24  returned  and
landed successfully.

The applicant returned to the US on 11 Jun 45. On 29 Jun 45, applicant
was  awarded  the  AM   4OLC   for   meritorious   achievement   while
participating in an aerial flight on 10  Oct  44.  The  applicant  was
separated on 25 Aug 45 with 1 year, 6 months and  18  days  of  active
service.

On 4 Jun 02, HQ AFPC/DPPPRA  invited  the  applicant  to  provide  any
official documents pertinent to his AFBCMR appeal since  his  military
records had  been  destroyed  by  fire.   The  applicant’s  additional
submission is at Exhibit C. Following  their  review,  HQ  AFPC/DPPRSP
administratively corrected the applicant’s  Report  of  Separation  to
reflect receipt of the following decorations: American Campaign medal,
Asiatic-Pacific Campaign Medal with one  Silver  Star,  World  War  II
Victory Medal. The applicant was provided a DD Form 215 on 18 Jul 02.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPR  notes  that  the  applicant  did   not   provide   any
documentation showing he was recommended for  award  of  the  DFC.  He
submitted documentation pertaining to [the pilot] of the  same  10 Oct
44 combat mission flight. The [pilot], who also received the  AM  4OLC
for the same incident, filed an appeal for the DFC and  his  case  was
denied by the AFBCMR [on 7 May 02]. Since the  applicant  was  awarded
the AM 4OLC for his accomplishments on 10 Oct 44, he  cannot  also  be
awarded the DFC for those accomplishments.

A complete copy of the evaluation, with attachments  provided  by  the
applicant, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 26 Jul 02 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________



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 error or injustice to warrant upgrading the  AM  4OLC
for the 10 Oct 44 mission to the requested DFC. We took notice of  the
applicant’s complete submission in judging the merits of his case.  We
also acknowledge his decorated service and  significant  contributions
in defense of his country. However, no evidence has been presented  to
our satisfaction showing that he was, or should have been, awarded the
DFC. Further, he received the AM 4OLC for his achievements on  10  Oct
44 and cannot be awarded  another  decoration  for  the  same  action.
Therefore, we agree with the recommendations  of  the  Air  Force  and
adopt the rationale expressed as the basis for our decision  that  the
applicant has failed to sustain his burden of having  suffered  either
an error or an injustice. In view of the above and  absent  persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 12 September 2002 under the provisions of AFI 36-
2603:

                 Mr. Vaughn E. Schlunz, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. George Franklin, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
01288 was considered:

   Exhibit A. DD Form 149, dated 5 Mar 02, w/atchs.
   Exhibit B. Applicant's Reconstructed Master Personnel Records.
   Exhibit C. Letter, HQ AFPC/DPPPR, dated 21 Jun 02, w/atchs.
   Exhibit D. Letter, SAF/MRBR, dated 26 Jun 02.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair