RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00420
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  ROBERT L. ASTON

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 August 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and the Air Medal,  Sixth
Oak Leaf Cluster (AM, 6 OLC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

In view of his completion of a total of 37 combat missions and based on  the
Eighth Air Force established policy of awarding an AM  upon  the  completion
of every five heavy bomber missions and awarding a DFC upon  the  completion
of 35 combat missions, he should be awarded the DFC and  an  additional  AM.
The absence of the decorations from his records was due  to  clerical  error
or administrative oversight.   He  cites  previous  AFBCMR  cases  in  which
similarly situated applicants were provided favorable consideration.

In support of the appeal, applicant submits  a  statement  from  the  former
67th Bombardment Squadron Deputy Navigator recommending  him  for  award  of
the DFC and an additional oak leaf cluster to the AM,  and  a  list  of  his
combat missions.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps  who  served  in  the
European Theatre of Operation from 27 October 1944 to 10 April 1945, as a B-
17,  Flying  Fortress,  co-pilot  and  pilot  with  the  525th   Bombardment
Squadron, 379th Bombardment Group, Eighth Air Force.

His record of service indicates that he  completed  a  total  of  35  combat
missions (28 October 1944 through 31 December 1944 - 16 combat  missions,  1
through 9 January 1945 - 5 combat missions, and 10 January 1945  through  10
March 1945 - 14 combat missions.

On 3 March 1945, he was awarded  the  AM,  with  five  OLCs,  for  sustained
bomber combat operations.

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.

During World War II, the 8th Air Force had an established policy  whereby  a
DFC was awarded upon the completion of tour of combat duty, and  an  AM  was
awarded upon the completion of every five heavy bomber missions.   In  1942,
the length of a tour was the completion of 25  combat  missions.   In  1944,
the tour length was increased to 35  combat  missions,  and  the  number  of
combat missions required for award of an  additional  AM  was  increased  to
six.  In 1946, the policy of awarding the DFC and AM  based  solely  on  the
number of missions completed was discontinued.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied, and states, in  part,  they
are  unable  to  verify  the  applicant’s  entitlement  to   the   requested
decorations.   Although  the  applicant  has  provided  recommendations   to
support his claim, his  package  was  not  submitted  through  congressional
channels.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel has  reviewed  the  evaluation  and  stands  by  his
original argument (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice warranting award of  the  DFC.   In
this respect, we note the applicant’s military  personnel  records  indicate
that he completed a total of 35 combat missions while assigned to the  379th
Bombardment Group,  Eighth  Air  Force,  as  a  B-17  co-pilot,  pilot,  and
aircraft commander, and was awarded a total of 6 AMs.   We  also  note  that
during the contested period, Eighth Air  Force  had  an  established  policy
whereby a DFC was awarded  upon  the  completion  of  35  heavy  bombardment
missions.  In view of the above, and since the applicant  never  received  a
DFC for his completion of a combat  tour  of  35  missions,  we  believe  he
should  be  awarded  the  DFC.   Therefore,  we  recommend  his  records  be
corrected to the extent indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice warranting award of an  additional  AM.   In
support  of  this  portion  of  the  application,  the  applicant’s  counsel
contends the applicant completed a total of 37 combat missions and  provides
a listing of combat  missions  from  8th  Air  Force  veterans’  association
database.  However, official documents in the applicant’s  military  records
indicate that he completed a total of 35 combat missions.  In view of  this,
and given the fact he has already been awarded 6 AMs, we are  not  persuaded
that he is should be awarded any additional oak leaf  clusters.   Therefore,
in the absence of evidence to the contrary, we find no basis upon  which  to
recommend favorable consideration of his request for an additional oak  leaf
cluster to the AM.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 11 March 1945, he was awarded  the
Distinguished Flying Cross for extraordinary achievement, while  serving  as
a Co-Pilot and Pilot on B-17 airplanes on  many  bombardment  missions  over
enemy occupied Continental Europe.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00420
in Executive Session on 2 August 2007, 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 6 Feb 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 28 Feb 07.
     Exhibit D.  Letter, SAF/MRBR, dated 9 Mar 07.
     Exhibit E.  Email, Counsel, dated 15 Mar 07.




                                  MICHAEL K. GALLOGLY
                                  Panel Chair

AFBCMR BC-2007-00420




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 on 11 March 1945,
he was awarded the Distinguished Flying Cross for extraordinary
achievement, while serving as a Co-Pilot and Pilot on B-17 airplanes on
many bombardment missions over enemy occupied Continental Europe.










JOE G. LINEBERGER

Director

Air Force Review Boards Agency