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AF | BCMR | CY2005 | BC-2004-03723
Original file (BC-2004-03723.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03723
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

This application for correction of the records of O---  G---  was  submitted
by his brother (I--- G. G---).

APPLICANT REQUESTS THAT:

The former member’s Distinguished Flying Cross (DFC) be upgraded to the  Air
Force Cross or the Medal of Honor.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His brother saved the life of a fellow  crewmember  while  putting  his  own
life in danger.  His actions showed “individual gallantry  at  the  risk  of
life above and beyond the call of duty.”  He believes his  brother  met  the
requirements of the Medal of Honor.

In support of his request, applicant submits a  personal  statement,  copies
of the former member’s DFC citation,  a  newspaper  article  and  additional
documents  associated  with  the  issues  cited  in  his  contentions.   The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records  Center  (NPRC)  indicated  that  the  former
member’s military personnel records were unavailable.

Information extracted from applicant’s submission reveals the former  member
was  awarded  the  DFC  by  Special  Order  128,  dated  30 June  1943,  for
extraordinary achievement  while  participating  in  aerial  flight  in  the
European and North African Theaters of Operation as a ball-turret gunner  on
a B-17 type aircraft.

_________________________________________________________________

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.  It should be noted that  this  Board  does
not have the authority to award the applicant the Medal of Honor.   We  can,
however, if the evidence warrants, make a recommendation  to  the  approving
authority  that  a  member  be  considered   for   the   Medal   of   Honor.
Notwithstanding this fact, after reviewing the  applicant’s  submission,  we
do not  find  the  evidence  sufficient  to  warrant  the  approval  of  the
requested relief.  We are not convinced by the available evidence  that  the
former  member  was  not  appropriately  recognized  for  his  extraordinary
achievement.  There is nothing in the information provided  which  shows  to
our satisfaction any irregularity in the commanding  general’s  decision  to
award the DFC rather than a more prestigious  decoration.   It  appears  the
authorities at the time determined the DFC was the  more  appropriate  award
for the former member’s extraordinary achievement and we find no basis  upon
which to disagree with that determination.  In view of the above and  absent
persuasive evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting  the  relief  sought  in  this  application.   The  Board
acknowledges  the  personal  sacrifice  the  applicant’s  brother  made   in
defending our country and hopes he and his family take pride in his  courage
and contributions during a perilous period in history.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.
_________________________________________________________________

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 1 February 2005, under the provisions of AFI 36-2603:

                  Mr. Roscoe Hinton Jr., Panel Chair
                  Mr. Garry G. Sauner, Member
                  Mr. Joseph D. Yount, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-03723.

   Exhibit A.  DD Form 149, dated 10 Nov 04, w/atchs.




                                   ROSCOE HINTON JR.
                                   Panel Chair

_____________________________

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