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AF | BCMR | CY2002 | BC-2002-02868
Original file (BC-2002-02868.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02868
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His unusual flying skills saved his B-29 crew from crashing on 5 June 1944.

In support of his appeal, the applicant provided a statement from  the  crew
members of the B-29 (Georgia Peach) 793rd Squadron, dated 15 November 2001.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question the applicant  was  serving  on  extended
active duty in the grade of lieutenant colonel.

Applicant was separated on 28 December 1946,  in  the  grade  of  lieutenant
colonel, under the provisions of WD Cir 313 1945,  paragraph  15d  (Physical
Disability). He served a total of  5 years,  3 months,  and  20  days  total
active military service.

On 27 November 2000, Secretary of the Air Force  Personnel  Council  (SAFPC)
denied the applicant’s request for the DFC.

On 31 January 2002, the applicant’s DD Form 214 was corrected  in  item  28,
to add award of the Air Medal with First Oak Leaf Cluster (OLC).

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  denial.   They  indicated  that   the   applicant’s
original DFC request was  forwarded  to  the  Secretary  of  the  Air  Force
Personnel Council (SAFPC) and was disapproved  on  27  November  2000.   The
recommending officials were informed they had one  year  from  the  date  of
disapproval to resubmit with  additional  documentation.   The  recommending
officials did not submit any additional documentation prior to the  one-year
deadline; therefore SAFPC Awards and Decorations  Board  now  considers  the
DFC recommendation issue closed.  The applicant was  informed  that,  if  he
believed there was  an  injustice,  he  could  appeal  to  the  AFBCMR  with
additional information.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a response, with attachments, which is at Exhibit E.

_________________________________________________________________

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 an error or an injustice warranting award of the  Distinguished
Flying Cross (DFC).  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 and adopt their rationale as the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  We note the letter from the crew members of  the  B-29  (Georgia
Peach) 793rd Squadron who indicate that on 5 June 1944 the  applicant  saved
their plane and lives through his skillful piloting due to the  B-29  losing
all four  engines.    While  the  Board  does  recognize  his  extraordinary
accomplishments in the defense of our nation during wartime, we note,  there
is no indication in the applicant’s personnel records to  substantiate  that
he was recommended by anyone in his chain of command for the DFC.   In  this
respect, we note the letter submitted in support of  the  request  indicates
that the commanding  general  congratulated  the  crew  upon  their  return.
Clearly, the general would have been in the best position to  judge  whether
the applicant’s accomplishments merited the DFC.  In view of the  foregoing,
and in the absence of evidence to the contrary, we find no compelling  basis
to recommend granting the relief sought in this application.

_________________________________________________________________

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  02-02868
Executive Session on 21 November 2002, under the provisions of AFI 36-2603:

                  Mr. Albert F. Lowas, Jr., Panel Chair
                  Mr. James E. Short, Member
                  Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 August 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 7 October 2002,
   Exhibit D.  Letter, SAF/MRBR, dated 11 October 2002.
   Exhibit E.  Letter, Applicant, dated 28 October 2002, w/atchs.




                                ALBERT F. LOWAS, JR.
                                Panel Chair

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