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AF | BCMR | CY2006 | BC-2006-02299
Original file (BC-2006-02299.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02299
            INDEX CODE:  107.00
            COUNSEL: NOT INDICATED

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  3 FEB 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records and several other P-47 pilots be corrected to  show  award
of the Distinguished Flying Cross (DFC) rather than the Air Medal (AM)
rendered for the period 5-16 September 1942.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The War Department General Order #12 dated 11 February  1944,  awarded
the Air Medal (AM) to each of the pilots of the first flight of the P-
38’s, which flew across the North Atlantic from the United  States  to
the United Kingdom, between 5-16 September 1942, for subsequent combat
application.  He believes the DFC should have been awarded to the P-47
pilots because the P-47 is a single engine aircraft and  was  most  at
risk.

In support of  his  appeal,  the  applicant  submits  a  copy  of  War
Department General Order #12,  Criteria  for  the  DFC,  AFA  Magazine
Excerpt, copy of DFC award, and  excerpts  from  History  of  the  2nd
Ferrying Group.

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

_________________________________________________________________

STATEMENT OF FACTS:

The member was a former Army Air Corps Pilot who served with the  47th
Troop Carrier Squadron, 313th Troop Carrier  Group.   He  was  a  p-38
pilot and flew across the North Atlantic from the United Sates to  the
United  Kingdom,  between  5  and  16  September  1942,   for   combat
application.  He was awarded the AM  for  this  act.   His  report  of
separation reflects award of the Air Medal, with 3OLCs, the Air  Force
Commendation Medal, National Defense  Service  Medal  with  1BSS,  the
Vietnam Service Medal with 6/BSS, the  Republic  of  Vietnam  Campaign
Medal with Device, World War Victory medal and  the  European  African
Middle Eastern Service Medal.  He served a total of 28  years  and  11
months of active duty service.

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.  During World  War
II, the Eighth Air Force had an established policy whereby a  DFC  was
awarded upon the completion of a tour of combat duty (25 heavy  bomber
missions) and an AM was awarded upon  the  completion  of  every  five
heavy bomber missions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,
that after a thorough review of the applicant’s military record,  they
are unable to find evidence that the applicant was recommended for  or
awarded the DFC.   Also  the  applicant  did  not  provide  supporting
documentation  to  support  his  claim,  such  as  a  copy  of  a  DFC
certificate, special order, or a decoration recommendation.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states in part the recommendation for the medal  upgrade
to a DFC for the P-47  pilots  was  submitted  by  Lieutenant  Colonel
____________in a letter dated 27 may 2005.  He was  a  member  in  the
chain of command at the time of the incident and also had  first  hand
knowledge  of  the  act.   His  letter  was  submitted   through   his
Congressman to SAF/LLI on 6 June 2005, but was never acknowledged  nor
responded to.

The applicant’s complete response is 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence presented and the available evidence of record,  we  are  not
persuaded that award of the DFC is warranted.  The Board  acknowledges
the aerial accomplishments and personal sacrifices  of  the  applicant
and the other P-47 pilots; however, we believe the Commanding  General
acted within his authority and purview in determining the AM  was  the
most appropriate award for the aforementioned mission  at  that  time,
rather  than  the  DFC.   Further,  while  we  are  not  unmindful  or
unappreciative of the applicant’s service to our Nation, we do believe
the Commanding General’s decision to award the AM was not an error  or
injustice and therefore find no reason that  the  decision  should  be
disturbed.  In the absence of persuasive evidence to the contrary,  we
find no compelling 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 Docket Number  BC-20065-
02299 in Executive Session on 16 November 2006, under  the  provisions
of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. James A. Wolffe, Member
                       Mr. James L. Sommer, Member

The following documentary evidence concerning Docket  Number  BC-2006-
02299 was considered:

     Exhibit A.  DD Form 149, dated 20 Apr 04, w/atchs.
     Exhibit B.  Member's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 5 May 06.
     Exhibit D.  Letter, SAF/MRBR, dated 12 May 06.
     Exhibit E.  Letter, Applicant, dated 31 Aug 06.




                                  THOMAS S. MARKIEWICZ
                                  Chair

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