RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-02255
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  ROBERT L. ASTON

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded two Distinguished Flying Crosses  (DFCs),  an  additional  oak
leaf cluster to the Air Medal (AM), and the Army Commendation Medal (ACM).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Based on the Eighth Air Force established policy of awarding an AM upon  the
completion of every five heavy bomber missions, he was awarded  the  AM  and
four oak leaf clusters for flying his first 25  combat  missions.   However,
he never received an additional oak leaf cluster for his 26th  through  30th
combat missions.  Since it was also Eighth Air Force policy of awarding  the
DFC upon  the  completion  of  a  tour  of  combat  missions  and  upon  the
completion of every 10 lead or deputy lead combat  missions,  he  should  be
awarded the DFC for his completion of a tour  of  combat  missions  and  for
completing 10 lead missions and should  be  awarded  the  Army  Commendation
Medal for the seven extra, hazardous and  heroic  combat  missions  he  flew
from 28 January to 3 March 1945.

In support of the appeal, applicant submits  a  statement  from  the  former
506th Bomb Squadron Commander recommending him for the  decorations,  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 30 June 1944 to 15 April 1945,  as  a  B-
24, Liberator, bombardier.  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  their  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.

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 30 combat missions  and  was  lead  or  deputy
lead bombardier on 17 missions while assigned to the Eighth Air Force  as  a
B-24 bombardier.  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 his former  deputy  squadron  navigator,  who
states that in addition to  the  above  policy,  there  was  an  established
policy of awarding the DFC for completion of a minimum of 10 lead or  deputy
lead missions.  In view of this statement, and given  the  total  number  of
missions the applicant completed, and the number of  missions  he  completed
as lead or deputy lead bombardier, we recommend his records be corrected  to
the extent indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error  or  injustice  to  warrant  awarding  the  Army
Commendation Medal (ACM).  In this respect, we note the  applicant  contends
he should be awarded the ACM for completing 7 lead or deputy  lead  missions
from 28 January to 3 March 1945, which was over  the  required  10  missions
for award of the DFC.  However,  five  of  these  seven  missions  completed
during the period from 9 February to 3 March 1945 form  the  basis  for  the
Board’s recommendation to award him the Air Medal, Fifth  Oak  Leaf  Cluster
(AM, 5 OLC).  The applicant’s personal sacrifice  to  his  country  is  duly
noted and our decision in no way lessens the high regard  we  have  for  his
accomplishments; however, we find no basis upon which to recommend  awarding
him the ACM.

________________________________________________________________

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 7 January 1945,  he  was  awarded  the  Distinguished  Flying
Cross (DFC), for extraordinary achievement,  while  serving  as  a  Lead  or
Deputy Lead Crew Bombardier on B-24 airplanes on ten  (10)  combat  missions
over enemy occupied Continental Europe.

      b.    On 3 March 1945, he was awarded the Air Medal,  Fifth  Oak  Leaf
Cluster, for extraordinary achievement, while serving as a Bombardier on  B-
24 airplanes on many bombardment missions over  enemy  occupied  Continental
Europe.

      c.    On 4 March 1945, he was awarded the Distinguished  Flying  Cross
(DFC), First Oak Leaf Cluster, for extraordinary achievement, while  serving
as a Bombardier on B-24 airplanes on many bombardment  missions  over  enemy
occupied Continental Europe.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-02255
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 15 Jul 05, w/atchs.
     Exhibit B.  Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 29 Jul 05.
     Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.
     Exhibit E.  Letters, Counsel, dated 1 & 11 Aug 05, w/atch.




                                  MICHAEL K. GALLOGLY
                                  Panel Chair

AFBCMR BC-2005-02255




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 XXXXXX, be corrected to show that:

      a.    On 7 January 1945, he was awarded the Distinguished Flying
Cross (DFC), for extraordinary achievement, while serving as a Lead or
Deputy Lead Crew Bombardier on B-24 airplanes on ten (10) combat missions
over enemy occupied Continental Europe.

      b.    On 3 March 1945, he was awarded the Air Medal, Fifth Oak Leaf
Cluster, for extraordinary achievement, while serving as a Bombardier on B-
24 airplanes on many bombardment missions over enemy occupied Continental
Europe.

      c.    On 4 March 1945, he was awarded the Distinguished Flying Cross
(DFC), First Oak Leaf Cluster, for extraordinary achievement, while serving
as a Bombardier on B-24 airplanes on many bombardment missions over enemy
occupied Continental Europe.










JOE G. LINEBERGER

Director

Air Force Review Boards Agency