RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-02299
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  ROBERT L. ASTON

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded an additional oak leaf cluster  to  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 an AM upon  the
completion of every five heavy bomber missions, he was awarded  the  AM  and
three oak leaf clusters  for  flying  his  first  20  combat  missions.   In
addition, it was  also  Eighth  Air  Force  policy  of  awarding  lead  crew
officers an oak leaf cluster to the DFC upon completion of every 10 lead  or
deputy lead combat  missions.   Due  to  either  a  clerical  error  or  the
recommendations being lost,  he  never  received  the  additional  oak  leaf
clusters to the  awards.   Counsel  cites  the  Board’s  previous  favorable
consideration of similar requests.

In support of the appeal, applicant submits  a  statement  from  the  former
67th Bomb Squadron Deputy Squadron Navigator recommending him for  award  of
an  additional 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’s records were destroyed by  fire  in  1973  at  the  National
Personnel Records Center (NPRC).  Therefore, the following  information  has
been extracted from the documentation provided by applicant.

The applicant is a former member of the Army Air Corps  who  served  in  the
European Theatre of Operation from 15 February 1944 to 16 April 1945,  as  a
B-24, Liberator, navigator.  He was awarded the Distinguished  Flying  Cross
(DFC) and the Air Medal, with three oak leaf clusters (AM, 3 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 B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Counsel for applicant states, among other things, that 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.   Further,  he  cites  the  AFBCMR’s
favorable consideration of three other cases in which DFCs were awarded  for
completion of 10 lead missions.  Counsel has in  the  past  submitted  World
War II veterans’ claims to three congressional  members  and  after  several
years the requests were abandoned due  to  frustration  with  the  prolonged
political and governmental process and total negativeness by the Air  Force.
 Counsel notes the applicant will be 85 years old in September 2005 and  the
unreasonable delay by  submission  of  the  claim  through  a  congressional
member may well result in the posthumous awarding of the decorations.


Counsel’s complete responses are at Exhibit D.

_________________________________________________________________

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 33 combat missions  and  was  lead  or  deputy
lead navigator on 10 missions while assigned to the Eighth Air Force as a B-
24 navigator.  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 navigator, 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 September 1944, he was awarded the Air Medal,  Fourth  Oak
Leaf Cluster, for extraordinary achievement, while serving  as  a  Navigator
on  B-24  airplanes  on  many  bombardment  missions  over  enemy   occupied
Continental Europe.

      b.    On 22 February 1945, he was awarded the  Air  Medal,  Fifth  Oak
Leaf Cluster, for extraordinary achievement, while serving  as  a  Navigator
on  B-24  airplanes  on  many  bombardment  missions  over  enemy   occupied
Continental Europe.

      c.    On 24 March 1945, he was awarded the Distinguished Flying  Cross
(DFC), First Oak Leaf Cluster, for extraordinary achievement, while  serving
as a Lead or Deputy Lead Crew  Navigator  on  B-24  airplanes  on  ten  (10)
combat missions over enemy occupied Continental Europe.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-02299
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 27 Jul 05, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPR, dated 29 Jul 05.
     Exhibit C.  Letter, SAF/MRBR, dated 29 Jul 05.
     Exhibit D.  Letters, Counsel, dated 11 & 25 Aug 05.




                                  MICHAEL K. GALLOGLY
                                  Panel Chair

AFBCMR BC-2005-02299




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 September 1944, he was awarded the Air Medal, Fourth Oak
Leaf Cluster, for extraordinary achievement, while serving as a Navigator
on B-24 airplanes on many bombardment missions over enemy occupied
Continental Europe.

      b.    On 22 February 1945, he was awarded the Air Medal, Fifth Oak
Leaf Cluster, for extraordinary achievement, while serving as a Navigator
on B-24 airplanes on many bombardment missions over enemy occupied
Continental Europe.

      c.    On 24 March 1945, he was awarded the Distinguished Flying Cross
(DFC), First Oak Leaf Cluster, for extraordinary achievement, while serving
as a Lead or Deputy Lead Crew Navigator on B-24 airplanes on ten (10)
combat missions over enemy occupied Continental Europe.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency