RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00326
            INDEX CODE:  128.06
            COUNSEL:  None

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be given compensation or a pension  for  his  completion  of  twenty-five
(25) combat missions while serving with the Eighth (8th) Air Force.

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APPLICANT CONTENDS THAT:

At  the  time  of  his  discharge  he  was  not  properly  informed  of  his
entitlement to benefits.  Prior to signing his discharge papers, an  officer
advised him that this was his last  opportunity  to  sign  for  benefits  he
might be entitled to and that he would not be allowed  to  apply  for  at  a
later date.  He was confused and  signed  his  discharge  papers  and  left.
Twenty years later, in 1965,  while  watching  television,  Governor  George
Wallace disclosed that he  was  receiving  a  pension  for  the  twenty-five
combat missions he flew in the European Theater of Operations (ETO)  despite
the fact he was not wounded or disabled.  This was the  first  time  he  was
informed that the pension was service-connected and not for disability.

In support of his appeal, applicant submits a personal statement, copies  of
his discharge documents and a  copy  of  his  combat  missions  flown.   The
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 enlisted in the Army of the United States and  entered  active
duty on 22 August 1942.  At the time of his discharge he held the  grade  of
technical sergeant.

The applicant was assigned to the XXXXth Army Air  Force  Base  Unit  as  an
Airplane and  Engine  Mechanic.   He  served  in  the  European  Theater  of
Operations from 5 December 1943 through 22 August 1944, when he returned  to
the Continental United States.

The applicant  was  honorably  discharged  on  3  September  1945,  for  the
Convenience of the Government (Demobilization).   He  was  credited  with  2
years, 3 months and 21 days of continental service and 8 months and 21  days
of foreign service.  His discharge document shows  he  had  participated  in
the Northern France campaign.  He was awarded the Air Medal with 4 Oak  Leaf
Clusters, Distinguished Flying  Cross,  Distinguished  Unit  Badge  and  the
European-African-Middle Eastern Service Medal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPD reviewed the application and recommends  denial.   DPPD  states
that during WWII era, and prior to the Career Compensation Act of 1949,  all
disabled members were medically retired by the Adjutant General’s Office  of
the War Department.  After the  War  Department  certified  the  members  as
being  disability  retired,  they  were  turned  over   to   the   Veteran’s
Administration.  Once these determinations were made, they  were  final  for
all purposes.  Once a disability was awarded, it  was  a  total  disability.
There  were  no  “percentage”  ratings  other  than  100  percent  and   all
disability retirees at that time received 75 percent of their  retired  pay,
which was the maximum retirees could ever receive in  any  sort  of  retired
pay.  DPPD states that the applicant has not provided any evidence  that  he
was found unfit for continued military service due to a  disability  at  the
time of his discharge, or proof that a  special  compensation  “pension”  of
$50 a month was authorized for 8th Air Force  crewmembers  assigned  to  ETO
following twenty-five missions.  The AFPC/DPPD evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 8 August 2002, a copy of the Air Force evaluation was forwarded to the
applicant for review and response.  As of this date, no response has been
received by this office.

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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 error or injustice.  The applicant asserts he  is  entitled  to
receive a pension for having completed 25 combat missions.  We  are  unaware
of any official War Department policy or regulation that provided  for  such
pension.  There is information  available  to  us  indicating  that  members
assigned to the 8th Air Force during  the  period  1942  to  1944  could  be
recommended for award of the Distinguished Flying Cross (DFC) based  on  the
completion of 25 missions in a heavy bomber.  This seems to  hold  true  for
the applicant as his discharge  document  reflects  the  award  of  the  DFC
during this period.  While we do not doubt his sincerity,  more  than  fifty
years have elapsed since the period  under  review  and,  for  this  reason,
without  some  official  documentation  to  substantiate   the   applicant’s
assertions,  we  are  not  persuaded  that  approval  of  his   request   is
appropriate.  Therefore, in  view  of  the  above  and  in  the  absence  of
evidence that the applicant was treated  differently  from  other  similarly
situated former members, we find no compelling basis to  recommend  granting
relief sought in this application.

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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.

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The following members of the Board considered this application in  Executive
Session on 26 November 2002, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Cheryl Jacobsen, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 January 2002.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPD, dated 15 May 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 8 August 2002.




                                  RICHARD A. PETERSON
                                  Panel Chair