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AF | BCMR | CY2005 | BC-2005-01524
Original file (BC-2005-01524.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01524
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  8 November 2006


________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Distinguished Flying Cross (DFC).

2.  He receive two more Silver Oak Leaf Clusters.

3.  He be promoted to the grade of captain.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the DFC for his  completion  of  102  combat  missions,
totaling 303 combat flying hours.  He was told by  transport  pilots  flying
from the Philippines to Australia that they had been  awarded  the  DFC  for
flying over shark infested waters.  At the  start  of  the  war,  a  fighter
pilot that completed 90 combat missions in the European Theater received  an
Air Medal, with three Silver Oak Leaf Clusters, a DFC, and a raise  in  rank
for putting in a tour of combat.  Further, the entire crew  of  the  Memphis
Belle was awarded the DFC for completion of a total of 25  combat  missions.
He feels those  flying  in  the  South  Pacific  were  not  given  the  same
recognition when it came to decorations.

The Army Air Force promised them they would get a raise in rank if they  put
in a tour of duty overseas in combat.  Their combat tour had to be 9  months
and 100 combat missions.  Their stateside  promotions  were  frozen  due  to
returning servicemen with a raise in rank.

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

________________________________________________________________






STATEMENT OF FACTS:

The applicant enlisted in the  Army  Air  Corps  on  13  April  1942.   Upon
graduation from aviation cadet training, he was honorably discharged  on  27
May 1943.  He was commissioned a second lieutenant in the Army Air Corps  on
28 May 1943 and entered active duty.  During the  period  17  November  1944
through  9 August  1945,  he  was  assigned  to  the  3rd  Fighter  Squadron
Commando, 3rd Air Commando, Far East Air Force  as  a  P-51  Mustang  pilot.
During this period, he completed a total of  302:50  combat  hours  and  was
awarded the AM, with one Silver Oak Leaf Cluster.

He was promoted to the grade of first lieutenant on  14 June  1944.   On  19
May 1945, he was rescued by the USS Bream  and  received  medical  treatment
for minor shock, exposure, and a 2” laceration on his right leg.

On 11 October 1945, the applicant was  relieved  from  active  duty  in  the
grade of first lieutenant.

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 Far  East  Air  Force  had  an  established  policy
whereby a DFC was awarded upon the completion of 500 combat hours and an  AM
was awarded upon the completion of 100 combat hours.

________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPPR recommends the applicant’s request for  the  DFC  be  denied  and
states,  in  part,  that  the  applicant  did  not  provide  a   letter   of
recommendation to verify his entitlement  to  the  DFC.   In  1943,  General
“Hap” Arnold changed the policy for the DFC and other awards from number  of
missions flown to a fully justified recommendation.

The AFPC/DPPPR evaluation is at Exhibit C.

AFPC/DPPPO recommends denial of the applicant’s  request  for  promotion  to
the grade of captain  and  states,  in  part,  that  during  the  period  in
question, the time in grade  requirement  for  promotion  to  the  grade  of
captain was 9 months.  The applicant did not provide any  documentation  nor
did his  records  contain  any  documentation  to  show  that  he  was  ever
recommended  for  promotion.   Completion  of  a   combat   tour   did   not
automatically entitle an officer  to  a  higher  grade.   Further,  terminal
leave promotions did not begin until 17 October 1945.

The AFPC/DPPPO evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the evaluations were forwarded to  the  applicant  on  23
September 2005 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.  The applicant is requesting award  of  the
DFC for his completion of 102 combat missions, totaling  303  combat  flying
hours.  We note that during the period in question, he was assigned  to  the
3rd Fighter Squadron Commando, 3rd Air Commando, Far East Air Force as a  P-
51 Mustang pilot.  We also note that during this period, the  Far  East  Air
Force had  an  established  policy  whereby  a  DFC  was  awarded  upon  the
completion of 500 combat hours.  Since the applicant did  not  complete  500
combat hours, we are not persuaded the failure to  award  him  the  DFC  has
rendered him the victim of error or injustice.  Further, there has  been  no
showing that he is entitled to additional Silver Oak Leaf  Clusters.   While
the applicant contends that he was promised that he would receive  a  “raise
in rank” if he volunteered for an overseas combat tour of duty, he  provides
no evidence to support this contention.  In addition, we  find  no  evidence
that he was  recommended  for  promotion  to  the  grade  of  captain.   The
personal sacrifice the applicant has endured for his country  is  noted  and
our decision should in no way  lessen  his  service;  however,  insufficient
documentary evidence has been presented to warrant  favorable  consideration
of his requests.  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  Docket  Number  BC-2005-01524
in Executive Session on 19 October 2005, under the  provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 05.
    Exhibit D.  Letter, AFPC/DPPPO, dated 15 Sep 05.
    Exhibit E.  Letter, SAF/MRBR, dated 23 Sep 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

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