RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-02179
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  ROBERT L. ASTON

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and  two  additional  oak
leaf clusters to the Air Medal (AM).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Based on the Eighth Air Force established policy of awarding a DFC upon  the
completion of a combat tour, he  should  have  received  the  DFC  upon  his
completion of 37 combat missions.  In addition,  based  on  the  Eighth  Air
Force policy of awarding an additional AM upon the completion of every  five
heavy bomber  missions,  he  should  be  awarded  two  additional  oak  leaf
clusters to the AM for his 26th through 35th combat missions.

In support of the appeal, applicant submits statements from the former  67th
Bomb Squadron Squadron Navigator and the former 67th  Bomb  Squadron  Deputy
Squadron Navigator recommending him for award of the DFC and two  additional
AMs, and a list of his combat missions.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps  who  served  in  the
European Theatre of Operation from 1 July 1944 to 11 February 1945, as a  B-
24, Liberator, co-pilot.  He was awarded the Air Medal, with four  oak  leaf
clusters (AM, 4 OLCs).

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.

The AM is awarded for heroic or meritorious achievement while  participating
in aerial flight.

From 1942 to 1944, the Eighth Air Force had an established policy whereby  a
DFC was awarded upon the completion of 25 heavy bomber missions  and  an  AM
was awarded upon the completion of every five  heavy  bomber  missions.   In
1944, the number of heavy bomber missions required for award of the DFC  was
increased from 25 to 35 and the number of  heavy  bomber  missions  required
for award of the AM was increased from five to six.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied, and states, in  part,  that
they are unable to verify  the  applicant’s  entitlement  to  the  requested
decorations.  The  applicant  has  provided  the  required  recommendations;
however,  the  recommendations  were  not  submitted  through  congressional
channels as required by the 1996 National Defense Authorization Act (NDAA).

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel for applicant  states,  among  other  things,  that  the  1996  NDAA
provisions are simply not practical  for  considering  matters  from  senior
veterans who are all in their 80s and at  the  end  of  ther  extended  life
expectancy.  The 1996 NDAA states that only a  supervisor  or  commander  or
someone with firsthand knowledge, at  the  time  of  the  act,  service,  or
achievement, may recommend an individual for a decoration.   The  connectors
for the  conditions  is  “or”,  not  “and”  as  erroneously  stated  in  the
evaluation.  The applicant has provided recommendations from members of  his
former supervisory  officers.   Had  the  recommendations  been  timely  and
properly considered and processed at the time  they  were  due,  they  would
have been approved under the policy and guidelines in effect  at  the  time.
Further, he cites the AFBCMR’s favorable consideration  of  other  cases  in
which DFCs were awarded for the completion of a tour of combat missions.

Counsel’s complete responses, with attachments, are at Exhibit E.

_________________________________________________________________

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 probable error or injustice.  In  this  respect,  we  note  the
applicant completed a tour of 37  combat  missions  while  assigned  to  the
Eighth Air Force  as  a  B-24  co-pilot.   We  also  note  that  during  the
contested period, Eighth Air Force had an established policy whereby  a  DFC
was awarded upon the completion of a tour of duty  and  an  AM  was  awarded
upon the completion of every  five  combat  missions.   In  support  of  the
appeal,  the  applicant  has  provided  a  recommendation  from  the  former
squadron navigator.  In view of this statement, and given the  total  number
of missions the applicant completed, we recommend his records  be  corrected
to the extent 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:

      a.    On 10 December 1944, he was awarded the  Air  Medal,  Fifth  Oak
Leaf Cluster, for extraordinary achievement, while serving as a co-pilot  on
B-24 airplanes on many bombardment missions over enemy occupied  Continental
Europe.

      b.    On 29 December 1944, he was awarded the  Air  Medal,  Sixth  Oak
Leaf Cluster, for extraordinary achievement, while serving as a co-pilot  on
B-24 airplanes on many bombardment missions over enemy occupied  Continental
Europe.

      c.    On 7 January 1945,  he  was  awarded  the  Distinguished  Flying
Cross, First Oak Leaf Cluster, for extraordinary achievement, while  serving
as a co-pilot on B-24 airplanes on  many  bombardment  missions  over  enemy
occupied Continental Europe.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-02179
in Executive Session on 25 August 2005, under  the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. James W. Russell, III, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Jul 05, w/atchs.
     Exhibit B.  Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 29 Jul 05.



     Exhibit C.  Letter, SAF/MRBR, dated 29 Jul 05.
     Exhibit D.  Letters, Counsel, dated 1 & 11 Aug 05, w/atch.




                                  MICHAEL K. GALLOGLY
                                  Panel Chair

AFBCMR BC-2005-02179




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 XXXXXXX, XXXXXXX, be corrected to show that:

      a.    On 10 December 1944, he was awarded the Air Medal, Fifth Oak
Leaf Cluster, for extraordinary achievement, while serving as a co-pilot on
B-24 airplanes on many bombardment missions over enemy occupied Continental
Europe.

      b.    On 29 December 1944, he was awarded the Air Medal, Sixth Oak
Leaf Cluster, for extraordinary achievement, while serving as a co-pilot on
B-24 airplanes on many bombardment missions over enemy occupied Continental
Europe.

      c.    On 7 January 1945, he was awarded the Distinguished Flying
Cross, First Oak Leaf Cluster, for extraordinary achievement, while serving
as a co-pilot on B-24 airplanes on many bombardment missions over enemy
occupied Continental Europe.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency