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AF | BCMR | CY2004 | BC-2004-00386
Original file (BC-2004-00386.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00386
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  ROBERT L. ASTON

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and the Air Medal,  Sixth
Oak Leaf Cluster (AM, 6 OLC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Based on the Eighth Air Force established policy of awarding an AM upon  the
completion of every five heavy bomber missions and awarding a DFC  upon  the
completion of 35 combat missions, he should be awarded  two  additional  AMs
and a DFC.  After completing 27 combat missions with the  489th  Bombardment
Group, he was transferred to the 44th Bombardment Group where  he  completed
nine more combat missions for a total of 35 missions.  The  absence  of  the
decorations from his records may have been due  to  his  transfer  from  one
group to another.  In 2001, the AFBCMR awarded a DFC and additional  AMs  to
an applicant who had also completed a total of 35 combat missions  based  on
the established Eighth Air Force policy (AFBCMR 00-03359).

In support of the appeal, applicant submits  a  statement  from  the  former
44th Bombardment Group Commander recommending him for award of the DFC,  and
a list of his combat missions.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps  who  served  in  the
European Theatre of Operation from 14 January 1943 to 17 August 1945,  as  a
B-24, Liberator, co-pilot.  He completed a total of 35 combat  missions  and
participated in the Rhineland, Air Offensive Europe,  Northern  France,  and
Normandy campaigns.  His Enlisted Record and Report  of  Separation,  issued
in conjunction with his 17 August 1945 release from  active  duty,  reflects
that he was awarded the AM, with four OLCs.

On 6 May 2004, he was awarded the AM, 5  OLC,  for  meritorious  achievement
while participating in aerial flight for the period 22 October  1944  to  31
December 1944.

The 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.

The AM is awarded for heroic or meritorious achievement while  participating
in aerial flight.

During World War II, the Eighth Air Force had an established policy  whereby
a DFC was awarded upon the completion of 35 heavy bomber missions and an  AM
was awarded upon the completion of every five heavy bomber missions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the AFBCMR  evaluate  this  case  on  its  merits  and
render a conclusive decision.  AFPC/DPPPR states,  in  part,  that  although
the applicant’s records indicate that he completed  a  total  of  35  combat
missions and he has submitted a DFC  recommendation  signed  by  his  former
commander, in 1946, General “Hap” Arnold ordered theater commanders  not  to
award the  AM  or  DFC  based  solely  on  the  number  of  combat  missions
completed, but rather for acts of heroism in combat flight or  extraordinary
achievement while participating in aerial flight.   Applicant’s  records  do
not indicate he was recommended for the decorations while he was  on  active
duty.  However, in order to afford some recognition, the  Secretary  of  the
Air Force Personnel Council approved award of the AM, 5  OLC,  on  13  April
2004.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel for applicant states, among other things, that the requested  relief
should  be  favorably  considered  based  on  the  recommendation   of   the
applicant’s former commanding officer and in view of the established  Eighth
Air Force policy in effect during the period in question.

Counsel’s complete response, with attachments, 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice warranting award  of  the  DFC  and
additional oak leaf clusters to the  AM.   In  this  respect,  we  note  the
applicant completed a total of 35 combat  missions  while  assigned  to  the
Eighth Air Force as a B-24 aerial gunner.  We  also  note  that  during  the
contested period, Eighth Air Force had an established policy whereby  a  DFC
was awarded upon the completion of 35 heavy bombardment missions and  an  AM
was awarded upon the completion of every five  heavy  bombardment  missions.
In support of the appeal, the applicant has provided a  recommendation  from
his former commanding officer.  The applicant also requested  award  of  the
AM, 5 OLC; however, AFPC/DPPPRS has administratively corrected  his  records
to reflect that he was awarded the AM, 5 OLC,  for  meritorious  achievement
while participating in aerial flight for the period 22 October  1944  to  31
December 1944.  In view  of  the  above,  and  given  the  total  number  of
missions the applicant completed, we believe he should be  awarded  the  DFC
and an additional AM.  Therefore, we recommend his records be  corrected  to
the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.    On 1 January 1945, he was awarded the Air Medal, Sixth Oak  Leaf
Cluster, for extraordinary achievement, while serving as a Co-Pilot on  B-24
airplanes on many  bombardment  missions  over  enemy  occupied  Continental
Europe.

      c.    On 2 January 1945,  he  was  awarded  the  Distinguished  Flying
Cross for extraordinary achievement, while serving as  a  Co-Pilot  on  B-24
airplanes on many  bombardment  missions  over  enemy  occupied  Continental
Europe.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-00386
in Executive Session on 21 July 2004, under the provisions of AFI 36-2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. James W. Russell, III, Member





All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 20 Jan 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 15 Jun 04.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
     Exhibit E.  Letter, Counsel, dated 12 Jul 04, w/atchs.




                                  MICHAEL K. GALLOGLY
                                  Panel Chair

AFBCMR BC-2004-00386




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 XXXXXXX, XXXXXXX, be corrected to show:

            a.   On 1 January 1945, he was awarded the Air Medal, Sixth Oak
Leaf Cluster, for extraordinary achievement, while serving as a Co-Pilot on
B-24 airplanes on many bombardment missions over enemy occupied Continental
Europe.

            c.   On 2 January 1945, he was awarded the Distinguished Flying
Cross for extraordinary achievement, while serving as a Co-Pilot on B-24
airplanes on many bombardment missions over enemy occupied Continental
Europe.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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