RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01853
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 DECEMBER 2006

_________________________________________________________________

This application for correction of the records of R. J. F---  was  submitted
by his widow.


APPLICANT REQUESTS THAT:

The former member be awarded the Distinguished Flying Cross (DFC).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The former member should have been awarded the DFC  as  recommended  by  his
group commander.  However, he was awarded an Air Medal (AM) in lieu  of  the
DFC.

In support of her request, applicant submits copies of the  former  member’s
discharge documents, an award recommendation, a  newspaper  article  and  an
undated  personal  letter.   The  applicant’s  complete   submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records are unavailable.

Information extracted from applicant’s submission reveals the former  member
contracted his enlistment in the Army of the United  Stated  on  9  November
1942.  In 1944, the pilot recommended  the  former  member  be  awarded  the
Silver Star for  gallantry  in  action  near  Finschhafen,  New  Guinea,  on
24 November  1943.   The  43rd  Bombardment  Group,  Air  Corps  Commanding,
recommended  the  former  member  be  awarded  the  DFC  for   extraordinary
achievement while participating in aerial flight.   The  V  Bomber  Command,
Air Corps Commanding, recommended the  former  member  be  awarded  the  Air
Medal for meritorious achievement while participating in aerial flight.

The former member’s Enlisted Record and Report of Separation reveals he  was
awarded the Asiatic-Pacific Theater Ribbon with five  bronze  stars,  Purple
Heart and the Air Medal with two  Oak  Leaf  Clusters.   He  served  in  the
following battles and campaigns:  Bismarck  Archipelago,  Eastern  Mandates,
New Guinea, Northern Solomons and Western Pacific.  The  former  member  was
honorably discharge  from  the  Air  Corps  on  22 October  1945  under  the
provisions of AR 615-365 (Convenience of the Government  RR  1-1).   He  had
completed a total of 1 year, 11 months and 28 days  of  continental  service
and 11 months and 9 days of foreign service and was serving in the grade  of
staff sergeant at the time of discharge.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPPR  states  that  in
order to resubmit the package for a one-time reconsideration for an  upgrade
to a higher decoration, a recommendation is needed from the former  member’s
chain of command.  Current  timelines  for  submitting  decorations  is  two
years from the date of the act or achievements.  In the case  of  World  War
II decorations, 3 May 1951 was the cut-off for submission.   However,  under
the Fiscal Year 1996 National Defense Authorization Act  (NDAA),  which  was
enacted into law on 10 February 1996, this timeline  has  now  been  waived.
Under this Act, veterans who may make a case  for  award  consideration  (or
upgrade of a previously awarded decoration) not previously eligible  because
of these time limits may now submit for award consideration.   However,  the
written recommendation must  meet  specific  criteria.   The  HQ  AFPC/DPPPR
evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  8  July
2005 for review and response.   As  of  this  date,  no  response  has  been
received by this office (Exhibit C).
_________________________________________________________________

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.   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  meritorious
achievement.  There is nothing in the information provided  which  shows  to
our satisfaction any irregularity in the commanding  officer’s  decision  to
recommend the Air Medal (AM) rather than a more prestigious decoration.   It
appears the approval authority at the time determined the AM  was  the  more
appropriate award for the former member’s  meritorious  achievement  and  we
find no basis upon which to disagree with that  determination.   We  do  not
doubt the outstanding  contributions  the  former  member  made  during  the
course of his career.  However,  in  the  absence  of  documentary  evidence
substantiating that the requested award was  improperly  downgraded,  we  do
not find the evidence provided establishes that the applicant has  been  the
victim of an error  or  injustice.   Although  we  are  unpersuaded  by  the
evidence submitted, we note the applicant  has  another  avenue,  under  the
National Defense Authorization Act (NDAA), in which  to  resolve  her  claim
for award of the DFC and we encourage her to exercise the provisions of  the
NDAA in resolving this matter.  In view of the above and  absent  persuasive
evidence to the contrary, we find no 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 8 September 2005, under the provisions of AFI 36-2603:

                  Mr. Michael J. Novel, Panel Chair
                  Ms. Cheryl V. Jacobson, Member
                  Mr. Terry L. Scott, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-01853.

   Exhibit A.  DD Form 149, dated 1 Jun 05, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPR, dated 1 Jul 05.
   Exhibit C.  Letter, SAF/MRBR, dated 8 Jul 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair