RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00644
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and an Oak  Leaf  Cluster
to the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was an armor gunner on a B-17.  He flew 34 missions over Germany and  was
shot down on his 35th mission.  He was also a  Prisoner  of  War  (POW)  for
over 50 days.  According to an article he read he is  entitled  to  the  DFC
for completing 34 missions and a Purple Heart for being a  POW.   He  has  a
Purple Heart Medal from an injury he received; however, he  believes  he  is
entitled to a gold leaf for the Purple Heart.

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

_________________________________________________________________

STATEMENT OF FACTS:

Portions of the applicant's military personnel  records  were  destroyed  by
fire in 1973 at the National Personnel Record Center (NPRC)  in  St.  Louis,
Missouri.  The available records indicate the following.

The applicant enlisted in the Army Air Corps on 24 June 1943.

A Battle Casualty Report, WD AGO Form  0365,  indicates  the  applicant  was
missing in action (MIA) in Germany on 19 March 1945.

On 29 October 1945, the applicant was honorably discharged in the  grade  of
staff  sergeant  under  the  provisions  of  RR  1-1  (Convenience  of   the
Government).  He served two years, four months, and five days  total  active
service.

The  applicant’s  WD  AGO  Form  53-55  (Enlisted  Record  and   Report   of
Separation) indicates the applicant  received  the  following  awards:   the
American Theater  Ribbon,  European-African-Middle  Eastern  Theater  Ribbon
with three Bronze Stars (EAME  w/3BS),  Good  Conduct  Medal  (GCM),  Purple
Heart, and the Air Medal with four Bronze Clusters.

The applicant’s WD AGO Form 100 (Separation Qualification Record)  indicates
the applicant flew  32  combat  missions  in  a  B-17  aircraft  over  enemy
occupied territory of Germany.  He pulled firing pins  to  arm  bombs  while
the airplane was in flight; inspected and assisted in  the  repair  of  bomb
racks, gun sights, and turrets; and fired caliber 50 machine guns  while  in
combat.

On 30 March 2004, AFPC/DPPPRA advised the  applicant  his  records  show  he
received the PH for wounds received  while  he  was  a  POW.   There  is  no
documentation showing he received wounds a second time which  would  entitle
him to an oak leaf  cluster  to  the  PH.   Therefore,  they  asked  him  to
withdraw  that  portion  of  his  application.   They  also  indicated   the
applicant did not provide a  signed  recommendation  package  for  the  DFC.
Before considering his request for the DFC,  certain  processing  procedures
must be followed.  The timeline for  submitting  decorations  is  two  years
from the date of the act or achievement.  However,  under  the  Fiscal  Year
1996 National Defense Authorization Act (NDAA96), the time  limit  has  been
waived.   Under   this   act,   servicemembers   may   now   request   award
consideration, based on a written and signed recommendation.  In  order  for
his request to be considered under the provision of the  NDAA  1996,  it  is
important  that  eyewitness  statements  attesting  to  the  act(s),   sworn
affidavits, certificates, and any other related documentation accompany  the
recommendation.  As  a  general  rule,  former  comrades  who  had  personal
knowledge of the circumstances and relative to  the  recommendation  provide
the best corroborating evidence.  They further  indicated,  after  reviewing
his records, it was determined he  was  entitled  to  the  Prisoner  of  War
Medal.

On 3 June 2004, AFPC/DPPPR advised the applicant that  he  was  entitled  to
the POW Medal, and it would be added to his Report of Separation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant’s records  show
he was awarded the PH  for  wounds  received  while  a  POW.   There  is  no
documentation showing he received wounds a second time which  would  entitle
him to an oak leaf cluster to the PH.  No more than one award will  be  made
for more than one wound  or  injury  received  at  the  same  instant.   The
applicant was asked to withdraw that portion of his application; he did  not
respond to  the  request.   There  is  no  evidence  in  his  records  of  a
recommendation for award of the DFC.   Therefore,  he  is  not  entitled  to
award of an oak leaf cluster to the PH or the DFC.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 June 2004, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  an  error  or  injustice  warranting  partial  relief.    The
applicant contends he is entitled to the DFC  because  he  flew  34 missions
over Germany and was  shot  down  on  his  35th  mission.   The  applicant’s
separation qualification record indicates he completed  32  combat  missions
while assigned to the 8th Air Force as an Airplane  Armored  Gunner  in  the
European Theatre of Operations.  We note that from 1942 to 1944, the  Eighth
Air Force had an established policy whereby  a  DFC  was  awarded  upon  the
completion of 25 heavy bombardment missions.  In 1944, the total  number  of
missions required for award of a DFC was increased to  35.   Although  there
appears to be a discrepancy between the number of missions  flown  according
to  the  applicant  and  the  separation  qualification  record,  the  Board
believes any doubt should be resolved in the applicant’s favor.   Therefore,
we recommend his records be corrected to the extent indicated below.

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice warranting award of an Oak  Leaf  Cluster
to the Purple Heart Medal.  The applicant contends he is entitled to the  PH
w/OLC for being a POW.  The Board notes the applicant received  the  PH  for
injuries  sustained  while  a  POW.   However,  there  is  no  documentation
indicating he received wounds a second time, which would entitle him  to  an
OLC to the PH.  Therefore, in the absence of evidence to  the  contrary,  we
find  insufficient  evidence  to  grant  this  portion  of  the  applicant’s
request.

_________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 28 October 1945,  he  was  awarded
the Distinguished Flying Cross for extraordinary achievement, while  serving
as an  Airplane  Armored  Gunner  on  B-17  airplanes  on  many  bombardment
missions over enemy occupied Continental Europe.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-00644
in Executive Session on 4 August 2004, under the provisions of AFI 36-2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Mr. Michael J. Novel, Member
                 Mr. Clarence D. Long III, Member

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

     Exhibit A.  DD Form 149, dated 24 February 2004, w/atchs.
     Exhibit B.  Military Personnel Record
     Exhibit C.  Letter, AFPC/DPPPR, dated 7 June 2004, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 25 June 2004.




                                  JOSEPH A. ROJ
                                  Panel Chair


AFBCMR BC-2004-00644



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, be corrected to show that on 28 October 1945, he was awarded
the Distinguished Flying Cross for extraordinary achievement, while serving
as an Airplane Armored Gunner on B-17 airplanes on many bombardment
missions over enemy occupied Continental Europe.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency