RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03175
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

      MANDATORY CASE COMPLETION DATE: 21 APR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His father be awarded the Air Medal (AM) Silver Oak Leaf Cluster (SOLC)  and
the Distinguished Flying Cross (DFC) for completing 14  lead  crew  missions
with the 755th Squadron.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Lead crews that completed more than 10 lead crew missions were  entitled  to
receive the DFC.  His father did  not  receive  the  SOLC  because  he  left
England before the necessary papers could be processed.

In support of his request, counsel provided applicant's  death  certificate,
flight records, a photograph, and commendations.  His  complete  submission,
with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The former member entered active military service on  20  Aug  43.   He  was
progressively promoted to the grade of staff  sergeant.   He  served  as  an
aerial  gunner.   He  was  assigned  to  the  755th  Bomb  Squadron,   458th
Bombardment Group, Second Air Division from 20 Aug 43  to  11  Oct  45.   He
flew 24 bombing missions over Germany and enemy-occupied Europe.

Incidental to his request, the former member has been  was  awarded  the  AM
w/4 OLCs and the European-African-Middle Eastern Campaign  Medal  w/5  OLCs,
the Good Conduct medal,  the  World  War  II  Victory  Medal,  the  American
Campaign Medal, and the Army Occupation Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

DPPPR recommends denial.  DPPPR states in  accordance  with  DoD  1348.33-M-
AP1.1.2.15.2 the DFC may be awarded to any  persons  who,  after  April  16,
1917, while serving in any capacity with the US  Armed  Forces,  distinguish
themselves by heroic or extraordinary  achievement  while  participating  in
aerial flight.  Paragraph AP1.1.2.24.2 states  the  AM  is  awarded  to  any
person who, while serving in any capacity  with  the  Armed  Forces  of  the
United States, subsequent to September 8,  1939,  distinguishes  himself  or
herself by heroic or meritorious achievement while participating  in  aerial
flight.  Paragraph C3.3.3 states  all  recommendations  placed  in  official
channels must be forwarded to  the  designated  authority  for  approval  or
disapproval.  Placement into official channels  is  defined  as  "signed  by
initiating official and endorsed by  a  higher  official  in  the  chain  of
command."

DPPPR was unable to locate any official  documentation,  such  as  citation,
special order, or any recommendations for award of the DFC or  AM  w/1  SOLC
that were submitted into official channels on behalf of the  applicant.   In
1946, General "Hap" Arnold ordered theater commanders not to award  the  DFC
based solely on number of flight missions completed; each decoration had  to
have a signed and endorsed recommendation  package,  and  forwarded  through
administrative channels to the final approval authority.

Under the Fiscal Year 1996 national Defense Authorization Act enacted on  10
Feb 96, service members may submit for  award  considerations  with  written
recommendations made by someone  other  than  the  member  himself,  in  the
member's chain of command  at  the  time  of  the  incident,  and,  who  has
firsthand knowledge of the acts of achievements; and, be  submitted  through
a congressional member.

The DPPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  and  his
counsel on 27 Jan 06 for review and comment within  30  days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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 an error or an injustice to warrant award of the AM  (SOLC)  or
the DFC.  We took notice of the applicant's complete submission  in  judging
the merits of the case; however, after a thorough review  of  the  available
evidence of record,  we  found  no  evidence  that  the  former  member  was
eligible or was recommended for either award.  The fact that  an  individual
may have participated in aerial combat missions in itself,  is  insufficient
justification for award of the requested medals.  Therefore, we  agree  with
the  opinion  and  recommendation  of  the  Air  Force  office  of   primary
responsibility and adopt its rationale as the basis for our conclusion  that
the former member has not been the victim of an error or injustice.  In  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number  BC-2005-
03175 in Executive Session on 16 Mar 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. LeLoy W. Cottrell, Member
      Mr. Frederick R. Beaman III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Oct 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 11 Jan 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair