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AF | BCMR | CY2004 | BC-2004-00478
Original file (BC-2004-00478.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                            DOCKET NUMBER: 04-00478
                                             INDEX CODE:  107.00
                                             COUNSEL:  NONE
                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His actions on 23 June 1944 warrant award of the DFC.

In  support  of  his  request,  applicant  submits  a  copy  of  the   award
recommendation package for the DFC.  Applicant’s complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted into the Army of  the  United  States  on  4 February
1943 and entered active duty on 11 February 1943, was assigned  to  duty  in
the Air Corps,  and  was  progressively  promoted  to  the  grade  of  staff
sergeant.  He performed duties as an Armorer Gunner on 50  bombing  missions
over enemy territory.  He was honorably discharged on  15  October  1945  by
reason of demobilization, having served 2 years,  2  months  and  1  day  of
total active military service, of which 6 months  and  4  days  was  foreign
service.  His discharge document  shows  he  had  participated  in  the  Air
Offensive-Europe, Rome-Arno,  Northern  and  Southern  France  and  the  Air
Combat-Balkans  campaigns.   He  was  awarded  the   European-African-Middle
Eastern Service Medal with 5  bronze  stars,  Air  Medal  with  3  Oak  Leaf
Clusters (OLCs), Distinguished Unit Badge and Overseas Bar with 1 OLC.

Applicant continued to serve in the Air  Force  Reserve  in  an  active  and
inactive status until his transfer to the Honorary Retired  Reserve  Section
in the grade of captain effective 1 April 1963.

Based on the DFC award justification document provided by the applicant  and
endorsed by Maj Gen (Ret) K---, on 23 June 1944 while on a  mission  to  the
Giurgiu oil storage facility near Romania, the  B-24  aircraft  lost  rudder
control, the applicant and another fellow crew member who  were  aboard  the
aircraft repaired the rudder  cable  which  allowed  the  aircraft  to  land
safely and saved the lives of the ten men aboard.

On 4 November 2002, the applicant was awarded the  Air  Medal  4th  OLC  for
heroism while participating in aerial flight on 23 June 1944.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied. AFPC/DPPPR states that  the
Secretary of the Air Force Personnel  Council  (SAFPC)  reviewed  the  award
recommendation package and disapproved the DFC, but approved  award  of  the
Air Medal  with  four  oak  leaf  clusters  for  heroism.   In  2003,  SAFPC
reconsidered the applicant’s request for award of  the  DFC  and  determined
that the actions, on their own merits,  had  no  distinctive  heroism  which
allowed the achievement to measure up to the  standards  of  “extraordinary”
for award of the DFC.  The AFPC/DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant  believes   that   his   actions   fulfill   the   definition   of
“extraordinary” since B-24’s  did  not  come  with  in-flight  repair  kits.
Applicant’s letter, with supportive statements is at Exhibit D.

By letter dated 9 April 2004, the applicant requested that  his  application
be temporarily withdrawn.   On  22  May  2004,  the  case  was  reopened  as
requested by the applicant (See 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  The applicant’s aerial  heroism  is  noted
and our decision in no way lessens the value of his contributions  while  in
the service.  We note that the Secretary of the Air Force Personnel  Council
(SAFPC),  the  approval  authority,  on   two   occasions   considered   and
disapproved his request for  the  Distinguished  Flying  Cross.   They  did,
however, recognize  the  applicant’s  aerial  heroism  of  23 June  1944  by
awarding him the Air Medal, fourth oak  leaf  cluster.   The  applicant  has
provided no evidence  that  was  unavailable  to  SAFPC  at  the  time  they
considered his case and we are unpersuaded by the  evidence  presented  that
that his actions met the criteria for award of the DFC.  We therefore  agree
with the assessment of the Air Force Office of  Primary  Responsibility  and
adopt the rationale expressed as the  basis  for  our  conclusion  that  the
applicant has failed to sustain his burden that he has  suffered  either  an
error or an injustice.  In view of the above, we find no basis to  favorably
consider this application.

_________________________________________________________________

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  Docket  Number  01-02836  in
Executive Session on 23 June 2004, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Cheryl V. Jacobson, Member
      Mrs. Barbara R. Murray, Member

The following documentary evidence for AFBCMR Docket Number 04-00478 was
considered:

    Exhibit A.  DD Form 149, dated 8 Feb 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 19 Mar 04.
    Exhibit C.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit D.  Letter, Applicant, dated 1 Apr 04, w/atchs.
    Exhibit E.  Letter, Applicant, dated 9 Apr and 22 May 04.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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