Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-02533
Original file (BC-2002-02533.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02533
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The 8th Air Force would award the Air Medal for  every  five  missions
flown or each enemy aircraft that was shot down.  Instead of  awarding
him his fifth Air Medal for shooting down an  enemy  aircraft  on  his
last mission, he should have been awarded the DFC, as was customary in
the 8th Air Force.  If he had been in England rather than  the  states
when he was awarded his fifth Air Medal, he would  have  been  awarded
the DFC.

In support of his appeal, the applicant provided a personal  statement
and supportive statements.

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

_________________________________________________________________

STATEMENT OF FACTS:

A WD AGO  Form  53-55,  Enlisted  Record  and  Report  of  Separation,
indicates that the applicant enlisted in the Army of the United States
(Army Air Force) on 9 Nov 42 and was honorably discharged  on  30  Aug
45.  The WD AGO Form 53-55 also reflects that he was awarded  the  Air
Medal with four Oak Leaf Clusters  (OLCs),  the  Good  Conduct  Medal,
Distinguished Unit Badge, and  the  European  African  Middle  Eastern
Service Medal with four Bronze Service Stars.

No documentation was available to substantiate it; however, it appears
that the applicant retired from the Air Force in 1977 in the grade  of
master sergeant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial noting although the  applicant’s  Report
of Separation reflects award of the Air  Medal  with  four  OLCs,  his
records only contained the orders/citations for  the  Air  Medal  with
three OLCs.  Two Air Medals were awarded for accomplishing five combat
missions, and two for shooting down enemy aircraft, which would be the
Air Medal with three OLCs.

AFPC/DPPPR also noted that the applicant submitted  a  statement  from
the individual who was his squadron commander until he was  shot  down
and taken as a prisoner of war (POW) on 24 Feb 44.  He stated that  he
believed the applicant had flown the  required  25 missions,  although
there was a large gap (Apr 44 to Nov 44) between the  applicant’s  Air
Medals.  However, the applicant was shot down on 9 Apr 44 and interned
in Sweden until 15 Oct 44.  According  to  AFPC/DPPPR,  since  he  was
interned in a neutral country, he  could  not  have  accomplished  any
combat flight missions.  His  records  showed  that  he  completed  13
missions during the period 30 Dec 43 to 9 Apr 44  (when  he  was  shot
down), and only completed one more combat flight mission on 16 Dec 44,
for a total of 14 combat flight missions.

AFPC/DPPPR indicated that the timeline for submitting  decorations  is
two years from the date of the act or achievement.   In  the  case  of
World War II decorations, 3 May 51 was established as the cut-off date
for  submission  of  recommendations  for  decorations  for  acts   or
achievements during this time period. However, under the  Fiscal  Year
1996 National Defense Authorization Act (NDAA), Section 526, which was
enacted into law on 10 Feb 96, this timeline has  been  waived.  Under
this Act, service members may now request award  consideration,  based
on  a  written  and  signed  recommendation.   However,  the   written
recommendation must meet two criteria:  1) Be made  by  someone  other
than the member in the member’s chain of command at the  time  of  the
incident and who has firsthand knowledge of the  act  or  achievement;
and 2) be submitted through a  Congressional  member  who  can  ask  a
military service to review  a proposal for a decoration based  on  the
merits of the proposal and the award criteria in  existence  when  the
event occurred.  However, the applicant did not avail himself of  this
opportunity but has, instead, applied directly to the AFBCMR,  without
providing any documentation to substantiate his claim.  He has implied
that he flew 25 combat flight missions and, because  of  the  8th  Air
Force policy at  that  time,  he  should  be  awarded  the  DFC.   The
applicant’s records showed that he completed only  14  flights,  which
led to award of two Air Medals for completion  of  five  missions  for
each Air Medal, and shot down two enemy aircraft, which led  to  award
of two more Air Medals.  Therefore, they could only  verify  that  the
applicant was awarded the Air Medal with three OLCs,  instead  of  the
four that are reflected  on  his  Report  of  Separation.   AFPC/DPPPR
believes the applicant  was  recognized  with  the  proper  number  of
decorations and is not eligible for any additional Air Medals  or  the
DFC.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  20
Sep 02 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt  their  rationale  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered either an error or an  injustice.   We
believe it should  be  pointed  out  that  the  applicant’s  decorated
service  and  sacrifice  for  his  country  has  not  gone  unnoticed.
Notwithstanding this, no evidence has been presented which  has  shown
to our satisfaction that the applicant met  the  established  criteria
for award of the DFC.  In view of the above, and  in  the  absence  of
sufficient evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number 02-
02533 in Executive Session on 19 Nov 02, under the provisions  of  AFI
36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Sep 02, w/atchs, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Sep 02.




                                   OLGA M. CRERAR
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-02533A

    Original file (BC-2002-02533A.DOC) Auto-classification: Approved

    For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit E. In a letter, dated 26 February 2003, the applicant’s Congressman requests reconsideration of his application and provides additional documentation. Although a copy of the orders/citation to accompany award of the AM, 4 OLC, are unavailable, in his letter of 19 October 2000, the applicant states that he received this...

  • AF | BCMR | CY2003 | BC-2002-02730

    Original file (BC-2002-02730.doc) Auto-classification: Denied

    _________________________________________________________________ THE APPLICANT CONTENDS THAT: He should be awarded the PH because he was hit by shrapnel from enemy fire and should be awarded the DFC because he completed over 25 combat missions. The applicant also states that during the period in question, the 8th Air Force had an established policy whereby the DFC was awarded upon the completion of 25 combat missions. ...

  • AF | BCMR | CY2004 | bc-2003-03616

    Original file (bc-2003-03616.doc) Auto-classification: Denied

    Furthermore, his medical records indicate that he had an operation. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the DFC and states, in part, that there is no evidence he was recommended for, or awarded the DFC. Should the applicant provide additional statements containing specific details regarding his...

  • AF | BCMR | CY2002 | BC-2002-03684

    Original file (BC-2002-03684.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPWCM recommends the applicant’s request for award of the POW Medal be denied. On 22 October 1944, he provided the information that immediately after being shot down, he was picked up by partisans, evading capture by the enemy. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded he should be awarded the PH, DFC, and POW Medal.

  • AF | BCMR | CY2002 | 0201099

    Original file (0201099.doc) Auto-classification: Approved

    In support of the appeal, applicant submits a copy of his WD AGO Form 53-55 and a Letter of Recommendation, dated 29 May 1944, indicating that he completed a total of 25 combat missions and was awarded the DFC and AM, 3 OLC. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: The applicant states that at the time he completed a total of 25 combat missions a member would be awarded a DFC and upon completion of every five combat...

  • AF | BCMR | CY2002 | 0200101

    Original file (0200101.doc) Auto-classification: Approved

    He stated that the DFC was awarded for completion of 35 combat flight missions. Therefore, the basis for the applicant’s claim that all other crew members of the 2 Oct 44 combat flight mission received the DFC is unsubstantiated. A complete copy of the AFPC/DPPPR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant provided additional documentary evidence for the Board’s consideration through his...

  • AF | BCMR | CY2004 | BC-2004-00644

    Original file (BC-2004-00644.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00644 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC) and an Oak Leaf Cluster to the Purple Heart (PH) Medal. There is no evidence in his records of a recommendation for award of the DFC. Military Personnel Record Exhibit C. Letter,...

  • AF | BCMR | CY2005 | BC-2005-02073

    Original file (BC-2005-02073.DOC) Auto-classification: Approved

    The SAFPC evaluation is at Exhibit F. ________________________________________________________________ APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Counsel states, among other things, that but for the applicant’s actions on 5 June 1944, the mission’s command pilot would have been in severe shock and unconscious in a matter of minutes and incapable of the aircraft flight maneuvers for which he was later awarded the Medal of Honor. Based on the established 8th Air Force policy of...

  • AF | BCMR | CY2001 | 0002114

    Original file (0002114.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Recognition Programs Branch, AFPC/DPPPR, reviewed this application and indicated that to be awarded the Purple Heart Medal, a member must provide documentation to support he was wounded as a direct result of enemy action. Accordingly, we recommend that the applicant’s records be corrected to reflect award of the DFC. We note the applicant’s request that his records be corrected to reflect award of...

  • AF | BCMR | CY2005 | bc-2005-01522

    Original file (bc-2005-01522.doc) Auto-classification: Approved

    He should be awarded the DFC for his actions on 23 June 1952. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that the AmnM is awarded for voluntary risk of life not involving actual combat and the applicant’s actions on 23 June 1952 were previously recognized in the AM he was awarded for numerous operational flights from 8 May 1953 to 23 June 1952. On 14 June 1952, he was awarded...