RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03363
            INDEX CODE:  107.00

            COUNSEL:  VA of Idaho

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying  Cross  (DFC)  and  the  Purple
Heart Medal (PHM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His combat crew displayed “Heroism or Extraordinary Achievement” while
participating in Mission number 12, Ingolstadt Germany.   He  contends
he was wounded during  that  mission  as  a  direct  result  of  enemy
actions.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement in the form of a letter to the Awards and Recognition Branch
at Air Force Personnel Center (AFPC) at Randolph AFB,  TX,  copies  of
letters from crew members or others who  appear  to  have  information
about the mission along with photographs, a copy of his WD AGO Form 53-
98, Military Record and Report of Separation Certificate of Service, a
copy of his honorable discharge certificate, certain  certificates  of
achievement, select copies of excerpts from his combat record, a  copy
of the decision on his claim for Veterans Administration compensation,
and copies of two declassified  documents  regarding  the  mission  in
question.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served  on  active  duty  as  a  commissioned  officer  from
15 April 1944 to 3 August 1945, including an overseas tour in  England
from 28 November 1944 to 2 May 1945.  He  was  awarded  the  European-
African-Middle Eastern Campaign Medal with three bronze service  stars
and the Air Medal with five oak leaf clusters.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR notes the applicant  has  applied
for the DFC and PHM several times  since  1997.   In  1998,  his  1997
request was forwarded to SAF/Personnel Council  and  was  subsequently
denied, as the applicant did not meet the criteria for either.  He was
given a year to respond with documentation to substantiate  his  claim
and he did not respond.  DPPPR notes his Report  of  Separation  reads
“None” in Item 30, Wounds Received in Action.   DPPPR  notes  that  in
2003  the  applicant  submitted  his  request  through   congressional
channels.  His congressional representative was informed  the  request
had already been denied.

The applicant’s personnel and medical records were  destroyed  in  the
1973 fire at the National Personnel Records Center (NPRC) and  his  VA
medical records have no documents dated earlier than 1999 other than a
record of a hip replacement that occurred in 1984.

The  applicant’s  request  for  these  decorations  has  already  been
processed in 1997 and 2003, and he has been informed of the  necessary
procedures and documents needed to substantiate his claim.  He has not
provided  any  new  documentation  for   consideration   since   1997.
Consequently, DPPPR is unable to verify his eligibility for the  award
of the DFC or PHM.

DPPPR’s complete 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 9
January 2004 for review and comment within 30 days.  As of this  date,
no response has been received by this office.

_________________________________________________________________

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 warranting the award of  the  PHM.
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 office of primary  responsibility  and
adopt their rationale  as  the  basis  for  our  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant has failed to sustain his burden of  proving  he  meets  the
criteria required for award of the PHM.  Therefore, in the absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the award of the PHM.

4.  Notwithstanding the aforementioned, however, after review  of  his
submission and the evidence of what little record there is  available,
we are of the opinion that he met the requirement for award of the DFC
(number of missions flown and award of six Air  Medals)  and  feel  as
though he provided enough documentation to show he was recommended for
the award of the  DFC.   Accordingly,  we  recommend  his  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 2 May 1945, he was
awarded the Distinguished Flying Cross for extraordinary achievement
while participating in an aerial flight as the pilot of a B-17 bomber
in a combat mission over Ingolstadt, Germany.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-03363 in Executive Session on 30 March 2004, under the provisions
of AFI 36-2603:

      Mr. Frederick R. Beaman, III, Panel Chair
      Mr. Michael J. Maglio, Member
      Ms. Martha J. Evans, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Sep 03, w/atchs.
    Exhibit B.  Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 22 December 2003.
    Exhibit D.  Letter, SAF/MRBR, dated 9 January 2004.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




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Office Of The Assistant Secretary


BC-2003-03363




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 2 May 1945,
he was awarded the Distinguished Flying Cross for extraordinary
achievement while participating in an aerial flight as the pilot of a
B-17 bomber in a combat mission over Ingolstadt, Germany.








     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency