RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00128
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 22 JUL 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Distinguished Flying Cross (DFC) and the Purple
Heart (PH) Medal while serving during World War II.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He should be awarded the DFC for saving the life of his co-pilot
and for being injured in the process. His co-pilot was refusing to
bail-out of the plane and he had to literally kick him out, thereby
saving his life. Also, in the process of saving the co-pilots life
he received a bad cut on the left hand, which has left visible
scars to this day. He was missing in action (MIA); he believes his
co-pilot gave a pack of lies to the debriefer and no one tried to
right the wrongs. He should have been shipped back to the States
as an instructor; however, he completed 33 more missions.
In support of his appeal, applicant provided a personal statement;
extracts from his military personnel records, including
certificates of training and accomplishments, and various orders;
newspaper clipping, other supporting documents and a letter from
his member of congress.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant entered extended active duty (EAD) on 12 Mar 44 and was
honorably released from active duty on 17 Nov 45. He served as a B-
24 pilot in the grade of first lieutenant. He was credited with 11
months and 6 days of active duty service in the Continental US and
8 months and 29 days foreign service.
Applicant’s records were administratively corrected to reflect
award of the American Campaign Medal, World War II Victory Medal,
and the Army of Occupation Medal.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR reviewed this application and recommended denial,
stating, in part, after a thorough review of his military record,
they were unable to find evidence that the applicant was
recommended for or awarded the DFC. He did not provide supporting
documentation to support his claim, such as a copy of a DFC
certificate, special order, or a decoration recommendation.
To be awarded the PH, a member must provide documentation to
support he was wounded as a direct result of enemy action and must
have received medical treatment by medical personnel. Applicant’s
military record did not have medical documentation of treatment in
a field hospital of injuries sustained as a direct result of enemy
action.
HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 16 Mar 07 for review and comment within 30 days. As of this
date, no response has been received by this office (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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice of
the applicant's complete submission in judging the merits of the
case; however, 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 applicant has not been the
victim of an error or injustice. DPPPR requested applicant provide
supporting documentation to substantiate his eligibility for award
of the Purple Heart Medal and the Distinguished Flying Cross;
however, he did not respond. Therefore, should the applicant
provide documentation to substantiate his claim, we would be
willing to reconsider his petition. In view of the above, we find
no 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 AFBCMR Docket Number
BC-2007-00128 in Executive Session on 24 April 2007, under the
provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Glenda H. Scheiner, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 5 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 16 Mar 07.
B. J. WHITE-OLSON
Panel Chair
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