RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01051
            INDEX CODE:  107.00

            COUNSEL:  GEORGE COTTAMY

            HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) for actions  during
World War II (WW II).

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APPLICANT CONTENDS THAT:

He is 85 years of age and believes his actions deserve  the  award  of
the DFC medal.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and a letter from his Congressman.

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

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STATEMENT OF FACTS:

The applicant was commissioned a 2nd Lieutenant in the Army Air  Corps
on 23 February 1942 after completing  flight  school.   He  began  his
career at Albuquerque, NM as a B-24 pilot.   He  phased  to  the  B-17
bomber in May 1942 and eventually served as a bomber  pilot  based  in
Molesworth, UK.  On 6 March 1943, while on a bombing run over  France,
his aircraft was shot down and he and the surviving  crewmembers  were
rescued in the English Channel by Germans and subsequently  were  POWs
for the next 26 months.  On 5 November 1945, applicant was recommended
for the award of the Distinguished Flying Cross (DFC).  The award  was
downgraded and on 9 May 1950, he was awarded the Air  Medal  (AM)  for
meritorious achievement while  participating  in  aerial  flight.   He
retired effective 1 May 1971 after serving 29 years, 8 months, and  16
days of active military service.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR notified the  applicant  that  he
had received the Air Medal (AM) for his actions on 6 March 1943 and he
could not receive two decorations for the same action.  The applicant,
on recommendation from DPPPRA, withdrew his application  for  the  Air
Force Cross (AFC), but he concurrently requested he be considered  for
the Distinguished Flying Cross (DFC).  DPPPR contends  the  Air  Force
considered  the  original  request  for  the  award  of  the  DFC  and
downgraded it to the AM.  The decision made by the Air Force was based
on the facts presented and comparison  to  other  recommendations  for
similar actions of that time.  They note the applicant did not request
reconsideration  within  the  one-year  time  limit,  as  required  by
regulations and instructions.  Further,  DPPPR  argues  to  award  the
applicant the DFC after he was awarded a medal for his  actions  would
be an injustice to all other recipients of the AM awarded for  actions
similar to those of the applicant.

DPPPR’s complete evaluation is at Exhibit C.

AFPC/DPPRSP, during review of the applicant’s records, discovered  the
applicant had earned the National Defense Service  Medal  (NDSM)  with
one bronze service star, the Prisoner of  War  Medal  and  the  Middle
Eastern Campaign Medal with one bronze service star.  The  applicant’s
DD Form 214, Certificate of Release or Discharge from Active Duty, has
been changed to reflect award of the above medals.

DPPRSP’s letter to the applicant, with attachments, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  submitted  additional   documentation,   through   his
congressman, withdrawing his request for the AFC  and  requested  that
his AM be upgraded to a DFC.  The additional documentation to  support
his request for DFC upgrade was forwarded to DPPPR for review.

Applicant’s complete response is at Exhibit F.

ADDITIONAL AIR FORCE EVALUATION:

DPPPR reviewed the information and indicated should  the  Board  grant
the relief requested the Air Medal awarded on 6 Mar 43 would  need  to
be revoked.

DPPPR’s evaluation, with attachments, is at Exhibit G.

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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  and
are  sincerely   thankful   and   justifiably   impressed   with   his
accomplishments and sacrifice to our country; however, we  agree  with
the opinion and recommendation of the  Air  Force  office  of  primary
responsibility in that the Department of the Air Force considered  the
original recommendation for award  of  the  DFC,  and  downgraded  the
decoration to an Air Medal.  Their decision was  based  on  the  facts
presented and comparisons to other recommendations for similar actions
of that time.  Consequently, we adopt the Air Force rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

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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 BC-
2003-01051  in  Executive  Session  on  22  October  2003,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 21 Jul 03, w/atchs.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 24 Jul 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Aug 03.
    Exhibit F.  Letter, C/M Calvert, dated 7 Aug 03, w/atchs.
    Exhibit G.  Response, AFPC/DPPPR, dated 14 Aug 03.



                                   MICHAEL K. GALLOGLY
                                   Panel Chair