RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02707
INDEX CODE: 107.00
COUNSEL: American Legion
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Distinguished Flying Cross (DFC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He deserves recognition for an incident that was never reported in which he
saved a man’s life.
In support of his request, applicant provided a copy of his WD Form 53-55,
Enlisted Record and Report of Separation, Honorable Discharge; an extract
from the Attlebridge Notes, and statements from a past American Legion Post
commander and a fellow service member. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s master personnel records were destroyed by fire in 1973 at
the National Personnel Records Center, St. Louis, MO. The only available
information was obtained from records reconstructed with documents provided
by the applicant, which reflects that he enlisted on 16 Mar 43 and was
discharged on 21 Jul 45. He served an overseas tour in Europe from 12 Oct
44 through 22 May 45.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR, reviewed applicant’s request and recommends denial. DPPPR
states that the applicant’s Past Post Commander of American Legion Post 48
recommended him for award of the DFC. However, the Past Post Commander has
no first-hand knowledge of the 1 Jan 45 incident, was never in the
applicant’s chain of command, and is not qualified to recommend the
applicant for a decoration. He provided an excerpt from a World War II
group newsletter, reporting a 1 Jan 45 incident in which another individual
was awarded the DFC. This individual is supposed to have received the DFC
in 1985 for the 1945 incident. The statement he provided from an
individual he says was the pilot of the aircraft on the 1 Jan 45 mission
does not coincide with that contained in the group publication.
World War II decorations must be based on written and signed
recommendations, may be made by someone in the member’s chain of command at
the time of the incident, or someone who has who has firsthand knowledge of
the act or achievement; and submitted through a Congressional member who
can ask for a review of a proposal based on its merits. The applicant has
instead applied directly to the AFBCMR, without providing any supporting
documentation. The applicant has not provided the necessary documentation
to substantiate his claim in accordance with the National Defense
Authorization Act of 1996.
The DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 Sep
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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice that would warrant award of the DFC.
Evidence provided by the applicant, to include a letter from the commanding
officer of the flight in question, has led the Board majority to believe
that his selfless actions while in the face of personal danger during the 1
Jan 45 combat mission over Germany, distinguished himself in a manner which
would warrant award of the DFC. In view of the above, it is the Board
majority's opinion that in recognition of his distinctive accomplishment,
his records should be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 20 July 1945, he was awarded the
Distinguished Flying Cross for heroism while participating in an aerial
flight over Germany on 1 January 1945.
_________________________________________________________________
The following members of the Board considered Docket Number 02-02707 in
Executive Session on 12 Nov 02, under the provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Carolyn B. Willis, Member
Mr. Grover L. Dunn, Member
By a majority vote, the Board voted to grant the request. Mr. Dunn voted
to deny the applicant's request and did not desire to submit a minority
report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Aug 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 17 Sep 02.
Exhibit D. Letter, SAF/MRBR, dated 20 Sep 02.
PEGGY E. GORDON
Panel Chair
AFBCMR 02-02707
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 20 July 1945, he was
awarded the Distinguished Flying Cross for heroism while participating in
an aerial flight over Germany on 1 January 1945.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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