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AF | BCMR | CY2004 | BC-2004-01096
Original file (BC-2004-01096.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01096
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he was awarded the Distinguished
Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Having had 23 bombing missions, he believes he is entitled to the  DFC
during World War II (WWII).  He was shot down and  taken  prisoner  on
his 23rd mission.  He was unaware that he  was  entitled  to  the  DFC
until he saw a notice in the newspaper.

In support of the appeal, applicant submits a personal statement.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s  master  personnel  record  (MPR)  appears  to  have  been
destroyed by the 1973 fire at the National  Personnel  Records  Center
(NPRC) in St. Louis.  However, the following facts have been  obtained
using available records.

Applicant enlisted in the Army of the  United  States  on  23 November
1942.  He performed duties as a Radio Operator Mechanical Gunner  757.
His highest grade held was technical sergeant,  and  was  assigned  to
duties in the 340th Bomb Group 428th Bomb Squadron.  The applicant was
a POW from 10 March 1945 to 11 May 1945.

On 20 October 1945, while serving in the grade of technical  sergeant,
he was honorably discharged.  He was credited with 2 years,  3  months
and 26 days of active duty service, of which 7 months and 2 days  were
foreign service.  He participated in the  battles  of  Rome  Arno  and
North Apennines and was entitled to the Air Medal, 2-Battle Star, Good
Conduct Ribbon, the European African Middle  Eastern  (EAME)  Campaign
Ribbon, and Purple Heart.

On 14 July 2004, applicant was informed that there was an error on his
WD AGO Form 53-55, Certificate of Release  or  Discharge  from  Active
Duty.  A DD Form 215,  Correction  to  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, has been completed  to  correct
item 13 of his WD AGO Form 53-55 to show that he is the  recipient  of
the Prisoner of War (POW) Medal for the period 10 March 1945 to 11 May
1945 in Germany.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states that the applicant’s military personnel record  does
reflect he was a POW during WWII; therefore, he is entitled to the POW
medal which will be added to his DD Form  214.   Since  there  was  no
evidence in the applicant’s military record that  he  was  recommended
for, or awarded, the DFC, they are unable to verify his entitlement to
it.  The applicant may pursue the DFC under the provisions of the 1996
National Defense  Authorization  Act  (NDAA).   This  act  provides  a
process for veterans to be recommended for decorations if  someone  (a
previous supervisor or commander), other than the veteran, with  first
hand knowledge of the act, service, or achievement submits  a  written
justification  for  the  decoration  through  a  member  of  congress.
Therefore, they recommend denial of applicant’s request for  award  of
the DFC and recommend he use the provisions of the 1996 NDAA.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 July 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.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
Distinguished Flying Cross is not awarded for having  been  shot  down
and taken POW when an individual has already received recognition  for
aerial achievements.  As stated, the  Distinguished  Flying  Cross  is
awarded to service members who distinguish themselves  by  heroism  or
extraordinary achievement while participating in aerial flight.  There
is no evidence that the former member was recommended for, or  awarded
the Distinguished Flying Cross.  Therefore, in the absence of evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in 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  this  application  in
Executive Session on 25 August 2004, under the provisions of  AFI  36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Terry L. Scott, Member
                 Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 31 Mar 04, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 8 Jul 04.
      Exhibit D. Letter, SAF/MRBR, dated 23 Jul 04.




                             MICHAEL K. GALLOGLY
                             Panel Chair

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