RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00916
            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 Fifth and  Sixth  Oak
Leaf Clusters to the Air Medal (AM, 5 & 6 OLCs).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Although the Eighth Air Force policy of awarding a DFC upon  the  completion
of 35 combat missions was terminated  on  31 December  1944,  he  should  be
awarded the DFC as directed under Executive Order 10189 for completion of  a
tour of 35 combat missions.

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.

In support of the appeal, applicant submits  a  statement  from  his  former
aircraft 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’s records were destroyed by fire  at  the  National  Personnel
Records Center in 1973.   Therefore,  the  following  information  has  been
extracted from his reconstructed  records  based  on  documentation  he  has
provided.

The applicant is a former member of the Army Air Corps  who  served  in  the
European Theatre of Operation from 1 December 1942 to 12 January 1947, as  a
B-24, Liberator, co-pilot.   He  participated  in  the  Rhineland,  Northern
France,  and  Ardennes  campaigns.   His  Military  Record  and  Report   of
Separation, issued in conjunction with his  12  January  1947  release  from
active duty, reflects that he was awarded the AM, with four OLCs.
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.

During World War II, the 8th 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:

On  4  May  2004,  AFPC/DPPPR  advised  the   applicant   that   a   written
recommendation made by someone in his chain of command at the  time  of  the
incident that  had  firsthand  knowledge  of  the  acts  or  achievement  is
required   for   processing   his   recommendation.    In   addition,    the
recommendation must be submitted through a congressional member who can  ask
a military service to review a  proposal  for  a  decoration  based  on  the
merits of the proposal and the award criteria in existence  when  the  event
occurred.  AFPC/DPPPR also stated, in part, that on 14 August 1943,  General
“Hap” Arnold sent a memorandum to all Theater Commanders which  revised  the
policy for award of the DFC.  Under the revised policy,  the  DFC  could  be
awarded for acts of heroism in combat flight  or  extraordinary  achievement
while participating in aerial flight (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 D.

_________________________________________________________________

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  co-pilot.   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.  In view of this, and given the total  number
of missions the applicant completed, we believe he  should  be  awarded  the
DFC and  two  additional  AMs.   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 14 January 1945, he was awarded  the  Air  Medal,  Fifth  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.

      b.    On 14 February 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 16 February 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-2004-00916
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 10 Mar 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 4 May 04, w/atch.
     Exhibit D.  Letter, Counsel, dated 4 Jul 04, w/atchs.




                                  MICHAEL K. GALLOGLY
                                  Panel Chair

AFBCMR BC-2004-00916




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 14 January 1945, he was awarded the Air Medal, Fifth
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.

            b.   On 14 February 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 16 February 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