RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02027

            INDEX CODE:      107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a pilot in the Army Air  Corp  and  flew  thirty-two  (32)  missions.
During his last mission on 15 December 1944, he was  shot  down  over  enemy
territory.  He was taken as a Prisoner of War (POW) and held at Stalag  Luft
I.  When he was released from the POW camp, he  was  notified  that  he  was
recommended to receive the DFC; however, the discharge centers were full  so
he did not receive his DFC and received only his discharge papers.

In support of his request, applicant submits a  personal  statement,  copies
of his correspondence  with  Congressional  members  and  the  Secretary  of
State, a supporting statement from his tail gunner  during  the  mission  in
question, and excerpts from his service record.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were   lost   or   destroyed   and   efforts   at
reconstruction have been, for the most part,  unsuccessful.   The  following
is the only known information pertaining to the applicant's service and  was
extracted from the partially reconstructed record.

The applicant entered active service in the Army Air Corps as a pilot  on  8
February 1944.  He departed for the European Theater of Operations (ETO)  on
15 August 1944.  The applicant flew 32 combat missions as a B-24  pilot  and
was a prisoner of war from 31 December 1944 to 8 May 1945.   At  that  time,
he was serving in the grade of first lieutenant.  He  departed  the  ETO  on
1 June 1945 and arrived in the Continental US  on  11  June  1945.   He  was
honorably released from active duty on 26 November  1945  in  the  grade  of
first lieutenant with 11 months and 22 days of  continental  service  and  9
months and 27 days of foreign service.  His Report  of  Separation  reflects
that he participated in the Rome-Arno and Southern  France  campaigns.   His
decorations include the Air Medal and the European  African  Middle  Eastern
Theater Campaign Medal.

On 9 January 1997, the applicant’s  record  was  corrected  to  reflect  the
Prisoner of War Medal;  American  Campaign  Medal,  and  the  World  War  II
Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states there  is  no  documentation  in
the  applicant’s  records  entitling  him  to  the  DFC.    The   AFPC/DPPPR
evaluation, attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 September 2004, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and comment.  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 injustice.  We are persuaded by the  applicant’s  contention
that he was recommended for the Distinguished Flying Cross for  his  actions
during an aerial flight  on  15  December  1944,  as  substantiated  by  the
written  testimony  from  one  of  his  crew  members  who   described   the
applicant’s extraordinary efforts to  keep  the  plane  airborne  while  the
majority  of  his  crew  bailed  out.    The  absence  of  any   information
pertaining to a recommendation or award of the  DFC  is  not  surprising  in
view of the  confusion  that  may  have  existed  during  this  period.   We
strongly believe that by his actions  on  this  particular  mission  and  in
recognition of his distinguished service to the nation, any doubt should  be
resolved in the applicant’s favor and should be recognized by award  of  the
DFC. Therefore, we recommend that his  records  be  corrected  as  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 on 26 November 1945, he  was  awarded
the  Distinguished  Flying  Cross  for   extraordinary   achievement   while
participating in an aerial flight as the pilot on  a  B-24  over  Innsbruck,
Austria on 15 December 1944.

_________________________________________________________________

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  BC-2004-02027
in Executive Session on 14 October 2004, under the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. John B. Hennessey, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 Aug 04 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 26 Aug 04.
      Exhibit D. Letter, SAF/MRBR, dated 3 Sep 04.





      THOMAS S. MARKIEWICZ
      Chair


AFBCMR 02-00931




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 xxxxxxxxxxxxxxx, be corrected to show that he was awarded the
Purple Heart for injuries he received in action against an enemy of the
United States in a B-17 aircraft during a mission over Kassel, Germany, on
29 December 1944.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency