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AF | BCMR | CY2006 | BC-2006-02575
Original file (BC-2006-02575.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02575
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXX                  COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  27 February 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC)  and  Purple  Heart  (PH)
Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He met the requirements to be awarded the DFC by flying  over  25  missions.
His entitlement to the PH is due to a head  injury  he  sustained  when  his
plane was shot down on his 29th mission.  In addition,  he  received  a  leg
injury from the parachute drop.  As a Prisoner of War (POW) in  Germany,  he
suffered extreme malnutrition.  He recently  discovered  he  never  received
these awards after talking to other veterans during a Memorial Day  program.


In support of his application, the applicant  provides  copies  of  military
personnel and medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps on 25 August 1942  and  entered
active duty at the age of 21 in the grade  of  private.   He  served  as  an
“Armorer Gunner 612” and was progressively promoted to the  grade  of  staff
sergeant.  He served overseas duty from 22 November 1943 to 1 June 1945.

He was honorably relieved from  active  duty  on  18  October  1945,  having
served 3 years, 1 month and 24 days of total  active  military  service,  of
which 1 year, 7 months and 3  days  was  foreign  service.   His  separation
document shows he participated in the Normandy, Northern France,  Rhineland,
and Central Europe campaigns/battles.  He was awarded  the  Air  Medal  with
two Oak Leaf Clusters, European-African-Middle Eastern Campaign  Medal  with
four Bronze Service Stars, and the Lapel Button.

The applicant’s military records were destroyed in  the  1973  fire  at  the
National Personnel Records Center; therefore, only a limited record exists.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states  the  applicant’s  request  for  the  PH  Medal  has  been
approved by the Secretary of  the  Air  Force  and  his  records  have  been
corrected to reflect  this  award.   In  addition,  his  records  have  been
corrected to reflect the award of the Prisoner of  War  (POW)  Medal,  World
War II (WW II) Victory Medal, and the American Campaign Medal.

AFPC/DPPPR recommends denial of the applicant’s request for the DFC.   DPPPR
states the DFC requirements changed on 14  August  1943  from  missions  and
“score card” criteria  to  an  actual  recommendation.   Under  the  revised
policy, the DFC is awarded to any officer  or  enlisted  man  of  the  Armed
Forces of the United States who shall have distinguished himself  in  actual
combat in support of operations by  “heroism  or  extraordinary  achievement
while participating in an aerial flight, subsequent to November  11,  1918.”
The decoration may also be given for an act performed prior to November  11,
1918, when an individual has been recommended  for,  but  not  received  the
Medal of Honor, Distinguished Service Cross, Navy  Cross,  or  Distinguished
Service Medal.

DPPPR states after a through review  of  the  applicant’s  limited  military
personnel records, they are unable to find evidence that he was  recommended
for award of the DFC.  In addition, the applicant has not  provided  a  copy
of a DFC certificate, special  order,  or  a  decoration  recommendation  to
support his claim for the DFC.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant requests further consideration of the DFC and provides  copies
of his flight  records  and  a  Certificate  for  Meritorious  Service  from
General Hap Arnold.

The applicant’s rebuttal, with attachments, 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.  We note the applicant’s records have  been
administratively corrected to reflect his award of the PH Medal;  therefore,
we will only address his request for award of the  DFC.   After  a  thorough
review of the available records, we found no evidence that the applicant  is
eligible for the award of the DFC.  We note the applicant’s  assertion  that
he is entitled to the DFC for flying  over  25 missions;  however,  we  also
note the requirements for award of the DFC changed in 1943 from  the  number
of hours or missions completed to an  actual  recommendation.   In  view  of
this change, we agree with the opinion from the Air Force office of  primary
responsibility  that  the  applicant’s  achievement  does   not   meet   the
requirements for the award of a DFC.  There is no indication in his  records
that he was recommended for, or awarded, the DFC.   The  personal  sacrifice
the applicant endured for his country is noted  and  the  recommendation  to
deny the requested relief in no way diminishes the high regard we  have  for
his service.  Nevertheless, in view of  the  above,  we  find  no  basis  to
favorably consider 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 this application in  Executive
Session on 5 December 2006, under the provisions of AFI 36-2603:

            Mr. Michael V. Barbino, Panel Chair
            Ms. Renee M. Collier, Member
            Ms. Glenda H. Scheiner, Member



The following documentary evidence for AFBCMR  Docket  Number  BC-2006-02575
was considered:

      Exhibit A.  DD Form 149, dated 19 Aug 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 22 Sep 06.
      Exhibit D.  Letter, SAF/MRBR, dated 6 Oct 06.
      Exhibit E.  applicant’s Rebuttal, dated 25 Oct 06, w/atchs.




                                  MICHAEL V. BARBINO
                                                   Panel Chair

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