ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1997-01417
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS:
In the request for reconsideration, submitted through his congressman, it
is requested that the applicant be awarded the Distinguished Flying Cross
(DFC).
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973.
Information extracted from the applicant’s initial appeal reveals that,
during the period of 23 November 1943 to 11 August 1945, he was assigned to
the XXX Fighter Squadron (Australia). The applicant states that, in 1943,
the governing regulation required 100 hours of combat flight missions for
award of the Air Medal, another 100 combat hours for an oak leaf cluster
and, after 300 hours of combat flight missions, the DFC was awarded.
However, the regulation was revised and the eligibility for award of the
DFC was changed to a pilot having to shoot down two enemy aircraft in one
mission. After applicant’s departure from the unit, his former squadron
commander informed him that the regulation had again changed and that all
flight leaders leaving the theater were eligible to be recommended for the
DFC. On 12 December 1945, in response to applicant’s letter of 20 October
1945, the Awards and Decorations Officer, Headquarters Far East Air Forces,
informed the applicant that the 24 August 1945 recommendation for the DFC
had been disapproved; instead, he received the fifth oak leaf cluster to
the Air Medal for operational missions between 27 February and 2 July 1945.
The applicant was honorably discharged from the Army Air Corps in the grade
of captain on 17 April 1946. He had completed a total of 11 months and 24
days of continental service and 1 year, 8 months and 24 days of foreign
service.
A similar appeal was considered and denied by the Board on 7 October 1997.
A summary of the evidence considered by the Board and the rationale for its
decision is set forth in the Record of Proceedings, which is attached at
Exhibit E.
Requests for reconsideration of applicant’s appeal for award of the DFC,
submitted through congressional channels, were denied by the Board (refer
to Exhibit F).
In the most recent reconsideration request, submitted through his
congressman, applicant’s brother-in-law provided a letter summarizing the
applicant’s service in the World War II Pacific Theater. In addition, the
former commander has provided a personal statement and a copy of a proposed
citation to accompany the award of the DFC. The complete submission, with
attachments, is at Exhibit G.
_________________________________________________________________
AIR FORCE EVALUATION:
Pursuant to the Board’s request, HQ AFPC/DPPPR, reviewed the applicant’s
most recent submission and states that the applicant’s brother-in-law
provided no additional facts regarding the applicant’s service or his
claims for the DFC. The applicant’s former squadron commander provided a
proposed citation for award of the DFC for actions on 29 April 1945 and on
11 May 1945. There is no endorsement by the next higher official or any
other official in the [then] chain of command.
DPPPR states that the applicant did not provide any documentation showing
the criteria of the XXX Fighter Squadron/XXX Fighter Group/XX Air Force
regarding award of the Air Medal (AM) and DFC being based on combat hours
flown, instead of the number of combat missions flown. There is no
documentation showing any unit based award of the AM and DFC on hours
flown, only on the number of missions flown. Furthermore, the former
squadron commander’s recommendation for award of the DFC was processed
through administrative channels and disapproved in accordance with the
criteria of that time. The applicant has stated that he did not meet the
criteria that was established at that time. The proposed citation, signed
by the applicant’s former squadron commander, is for two specific dates,
not for either of the reasons the DFC was initially requested by the
applicant; i.e., completion of 300 hours of combat flight missions or
having shot down two enemy aircraft on one combat flight mission. No new
facts have been provided that would merit award of the DFC. Without a copy
of each Air Medal citation, with dates and reason for the award, DPPPR is
unable to verify that the applicant has not already been awarded a
decoration for the two dates used by his former squadron commander. DPPPR
recommends the applicant’s request for award of the DFC be denied. The HQ
AFPC/DPPPR evaluation is at Exhibit H.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 30 May
2003 for review and response. As of this date, no response has been
received by this office (Exhibit I). However, a Member of Congress has
submitted a personal letter in behalf of the applicant. He states that new
evidence is incredibly difficult to obtain due to the length of time that
has elapsed since the original application. He firmly believes that the
word of two former Air Force officers, with the most direct connection to
these events, should suffice. The Air Force has continually cited the
absence of an official endorsement while not providing an official denial.
The only documentation remotely close to a denial is a letter from
Headquarters, Far East Air Forces, dated 12 December 1945 in which the
disapproval is alluded to. The applicant has repeatedly offered to give up
his fifth oak leaf cluster to the Air Medal in exchange for the DFC. The
applicant was put in for the DFC in August of 1945 and he should have
received it. Bureaucracy, a cold paper trail, officers new to the
applicant’s chain of command, not familiar with his acts of heroism, has
prevented him from receiving this medal. The complete submission is at
Exhibit J.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application and the evidence provided in support
of the appeal, we remain unpersuaded that the applicant’s records should be
corrected to reflect award of the Distinguished Flying Cross (DFC). The
applicant’s aerial achievements are noted and our decision in no way
lessens the value of his contributions while in the service; however, we
find insufficient documentary evidence has been presented to warrant
awarding the relief sought in this application. There is nothing in the
information provided which shows to our satisfaction any irregularity in
the Commanding General’s decision, based on some type of criteria, to deny
the DFC and award the fifth oak leaf cluster to the Air Medal for
operational missions between 27 February and 2 July 1945. In addition, no
documentation has been provided to show the local criteria for awarding Air
Medals and DFCs to members of the applicant’s squadron. Because the
applicant’s records were destroyed, we were unable to ascertain why he was
awarded the five Air Medals. To assist the applicant in his quest for
award of the DFC, we recommend that he contact other members of his flight,
squadron, wing, and numbered Air Force to determine the criteria used for
the award of their DFC. He can also provide the criteria used for the
former squadron commander’s DFC and copies of the citations awarding the
five Air Medals. Should the applicant provide additional documentation to
substantiate his claim, we would be willing to reconsider his petition. We
noted the applicant’s offer to exchange the fifth oak leaf cluster to the
Air Medal for the DFC. However, we have seen no showing that the superior
officer, who had the authority to approve the DFC, abused his discretionary
authority when he determined that the DFC should be downgraded to an Air
Medal. We do not wish to deprive the applicant of an award to which he is
entitled; however, based on the evidence before us, we have no recourse but
to conclude that his request for the DFC should be denied.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 August 2003, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Ms. Rita S. Looney, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-1997-01417.
Exhibit E. Record of Proceedings, dated 18 October 1997,
with Exhibits.
Exhibit F. Requests for Reconsideration, through
Congressional channels.
Exhibit G. Letter from a Member of Congress, dated
17 January 2003, with attachments.
Exhibit H. Letter, HQ AFPC/DPPPR, dated 20 May 2003.
Exhibit I. Letter, AFBCMR, dated 30 May 2003.
Exhibit J. Letter from a Member of Congress, dated
26 June 2003.
BARBARA A. WESTGATE
Chair
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