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AF | BCMR | CY2003 | BC-2003-00004
Original file (BC-2003-00004.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-00153

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

STATEMENT OF FACTS:

On 1 October 1998, the Board  considered  applicant’s  request  that  he  be
awarded the Air Medal, Seventh Oak Leaf Cluster (AM, 7 OLC).  The Board  was
not persuaded that the applicant should have been automatically awarded  the
AM, 7 OLC, because he shot down a  German  aircraft  (i.e.,  ME-109)  during
World War II.  The Board found insufficient evidence of a probable error  or
injustice to warrant awarding the AM, 7  OLC,  and  denied  the  applicant’s
request.  For an accounting of the facts and circumstances  surrounding  the
applicant’s appeal and the rationale of the earlier decision of  the  Board,
see the Record of Proceedings at Exhibit E.

In a  letter,  dated  18  March  2001,  the  applicant  provided  additional
documentation, to include a newspaper article  regarding  retroactive  award
of the DFC to a World War II veteran, and requested reconsideration  of  his
application.  The applicant’s complete submission, with attachments,  is  at
Exhibit F.

The Distinguished Flying Cross DFC) was established by  Congress  on  2 July
1926  and  is  awarded  for  heroism  or  extraordinary  achievement   while
participating in aerial flight.  The performance of the act of heroism  must
be evidenced by voluntary action above and beyond the call of duty.

During World War II, the 14th Air Force had an established policy whereby  a
DFC was awarded upon the completion of either 50 operational  missions,  200
combat hours, or 300 transport and cargo missions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the  application  be  denied.  AFPC/DPPPR  states,  in
part, that applicant’s records were  destroyed  by  fire  in  1973,  at  the
National Personnel Records Center (NPRC).  Without the applicant’s  records,
they are unable to verify his  eligibility  for  the  DFC.   They  can  only
verify his awards and decorations according to  his  Report  of  Separation.
The applicant has not provided any documentation to substantiate  his  claim
for the DFC.

The AFPC/DPPPR evaluation is at Exhibit H.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 29 June and 17 September 2001 for review and  response  within  30  days.
However, as of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of  record  and  the  additional  documentation  submitted  by  the
applicant, we are still not persuaded that he has  been  the  victim  of  an
error or injustice.  The newspaper article submitted  by  the  applicant  is
noted; however, it does not substantiate that he was  ever  recommended  for
the Distinguished Flying Cross (DFC).  The office of primary  responsibility
has adequately addressed applicant’s contentions and  we  agree  with  their
opinion and recommendation.  We, therefore, adopt  the  rationale  expressed
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.   Hence,  we
find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the additional  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 8 January 2002, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Mr. Edward H. Parker, Member
                  Ms. Charlene M. Bradley, Member

The following documentary evidence was considered:

      Exhibit E.  Record of Proceedings, dated 19 Feb 99, w/atchs.
      Exhibit F.  Letter, Applicant, dated 18 Mar 01, w/atchs.
      Exhibit G.  Letter, AFBCMR, dated 16 May 01.
      Exhibit H.  Letter, AFPC/DPPPR, dated 19 Jun 01.
      Exhibit I.  Letters, SAF/MIBR, dated 29 Jun & 17 Sep 01.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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