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AF | BCMR | CY2007 | BC-2007-00510
Original file (BC-2007-00510.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00510
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  ROBERT L. ASTON

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 August 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross, First Oak Leaf  Cluster  (DFC,
1 OLC) and the Air Medal, Fifth Oak Leaf Cluster (AM, 5 OLC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

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 a combat tour of missions, he should be awarded an  additional
DFC and an AM.  Although he received a DFC for his  completion  of  10  lead
combat missions, he never received an additional DFC for his  completion  of
his combat tour.

He was never awarded an additional AM  for  his  26th  through  30th  combat
missions

In support of the appeal, applicant submits  a  statement  from  the  former
67th Deputy Squadron 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 9 July 1944 to 10 March 1945, as a  B-24,
Liberator, pilot, with  the  67th  Bombardment  Squadron,  44th  Bombardment
Group, Eighth Air Force.  He completed a total of  30  combat  missions  and
participated in the Northern France and Ardennes campaigns.  His  Report  of
Separation, issued in conjunction with his 12  December  1945  release  from
active duty, reflects that he was awarded the AM, with four OLCs.

On 10 March 1945, he was awarded the DFC for  extraordinary  achievement  as
lead pilot on many bombardment  missions  over  enemy  occupied  Continental
Europe.

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  an  additional
oak leaf clusters to  the  DFC  and  AM.   In  this  respect,  we  note  the
applicant completed a total of 30  combat  missions  and  was  a  lead  crew
member on 10 missions while assigned to the  Eighth  Air  Force  as  a  B-24
pilot.  We also note that during the contested period, Eighth Air Force  had
an established policy whereby a DFC was awarded upon the  completion  of  10
lead combat missions and completion of a combat tour of duty.  In  addition,
an AM was awarded upon  the  completion  of  every  five  heavy  bombardment
missions.  Although the applicant received a DFC for his  completion  of  10
lead missions and a total of 5 AMs  for  his  completion  of  his  first  25
missions, we find  no  evidence  he  received  an  additional  DFC  for  his
completion of a combat tour of missions and an additional AM for his last  5
missions.   In  support  of  the  appeal,  the  applicant  has  provided   a
recommendation from the former 67th Deputy Squadron Navigator.  In  view  of
the above, and given the total number of missions the  applicant  completed,
we believe he should be awarded additional oak leaf clusters to the DFC  and
AM.  Therefore,  we  recommend  his  records  be  corrected  to  the  extent
indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.    On 7 February 1945, he was awarded  the  Air  Medal,  Fifth  Oak
Leaf Cluster, for extraordinary achievement, while serving as a  B-24  Pilot
on many bombardment missions over enemy occupied Continental Europe.

      c.    On 8 February 1945, he  was  awarded  the  Distinguished  Flying
Cross, First Oak Leaf Cluster, for extraordinary achievement, while  serving
as  a  B-24  Pilot  on  many  bombardment  missions  over   enemy   occupied
Continental Europe.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00510
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 14 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-2007-00510




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:

      a.    On 7 February 1945, he was awarded the Air Medal, Fifth Oak
Leaf Cluster, for extraordinary achievement, while serving as a B-24 Pilot
on many bombardment missions over enemy occupied Continental Europe.

      c.    On 8 February 1945, he was awarded the Distinguished Flying
Cross, First Oak Leaf Cluster, for extraordinary achievement, while serving
as a B-24 Pilot on many bombardment missions over enemy occupied
Continental Europe.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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