RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01548
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  ROBERT L. ASTON

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 November 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded two oak leaf clusters to the Distinguished Flying Cross  (DFC)
and three additional oak leaf clusters to the Air Medal (AM).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

In view of his completion of a total of 53  combat  missions,  10  of  which
were flown as a lead or deputy lead pilot, during his two combat  tours  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 10 lead combat missions, and an additional DFC for  completion
of a combat tour, he  should  be  awarded  two  additional  DFCs  and  three
additional AMs.  No other pilot in the 44th Bombardment Group surpassed  his
total number of combat missions.  Although he previously received a DFC  for
completion of his first combat  tour  of  25  missions,  he  never  received
additional DFCs for flying 10 lead missions as a lead or deputy  lead  pilot
and for completion of a second combat tour.  Further, while  he  received  7
AMs for his completion of his first  35  combat  missions,  he  should  have
received three additional AMs for his last 18 missions.  He  cites  previous
AFBCMR cases in which similarly situated applicants were provided  favorable
consideration.

In support of the appeal, counsel submits his personal  statement,  extracts
from the applicant’s military records, and  a  listing  of  the  applicant’s
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  2  September  1943  to  21 March  1945,
assigned to the 44th Bombardment Group as  a  B-24,  Liberator,  pilot.   He
completed a total of 53 combat missions during  his  two  combat  tours,  of
which he flew 10 in the lead or deputy lead position.   He  participated  in
the Naples-Foggia, Normandy, Rhineland, Air Offensive Europe,  and  Northern
France campaigns.  His Enlisted Record and Report of Separation,  issued  in
conjunction with his 15 November 1945 release  from  active  duty,  reflects
that he was awarded the DFC and AM, with six OLCs.

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 a 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 two  additional
oak leaf clusters to the DFC and three additional oak leaf clusters  to  the
AM.  In this respect, we note the applicant completed a total of  53  combat
missions during his two combat tours with the Eighth Air  Force  as  a  B-24
pilot and was lead or deputy lead pilot on 10 missions.  We also  note  that
during the contested period, Eighth Air  Force  had  an  established  policy
whereby a DFC was awarded upon the completion of at  least  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  his  first
combat tour of duty and a total  of  seven  AMs,  we  find  no  evidence  he
received additional DFCs for his completion of 10 lead or deputy  lead  crew
missions and completion of his second combat tour.   Furthermore,  there  is
no evidence he received additional oak leaf clusters to the AM for his  last
18 missions.  In support  of  the  appeal,  the  applicant  has  provided  a
recommendation from the former 67th Bombardment Squadron  Deputy  Navigator.
In view of the above, and given the total number of missions  the  applicant
completed during his two combat tours, which  includes  10  lead  or  deputy
lead crew missions, 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 30 August 1944, he was awarded the  Air  Medal,  Seventh  Oak
Leaf Cluster, for extraordinary achievement, while serving as a  B-24  Pilot
on many bombardment missions over enemy occupied Continental Europe.

      b.    On 4 December 1944, he was awarded the  Air  Medal,  Eighth  Oak
Leaf Cluster, for extraordinary achievement, while serving as a  B-24  Pilot
on many bombardment missions over enemy occupied Continental Europe.



      c.    On 28 January 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.

      d.    On 3 February 1945, he was awarded  the  Air  Medal,  Ninth  Oak
Leaf Cluster, for extraordinary achievement, while serving as a  B-24  Pilot
on many bombardment missions over enemy occupied Continental Europe.

      e.    On 15 February 1945, he was  awarded  the  Distinguished  Flying
Cross,  Second  Oak  Leaf  Cluster,  for  extraordinary  achievement,  while
serving as a B-24 Lead or Deputy Lead Pilot  on  many  bombardment  missions
over enemy occupied Continental Europe.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01548
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 11 May 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 27 Jun 07.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.
     Exhibit E.  Email, Counsel, dated 16 Jul 07.




                                  MICHAEL K. GALLOGLY
                                  Panel Chair


AFBCMR BC-2007-01548




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 XXXXXX, be corrected to show:

      a.    On 30 August 1944, he was awarded the Air Medal, Seventh Oak
Leaf Cluster, for extraordinary achievement, while serving as a B-24 Pilot
on many bombardment missions over enemy occupied Continental Europe.

      b.    On 4 December 1944, he was awarded the Air Medal, Eighth Oak
Leaf Cluster, for extraordinary achievement, while serving as a B-24 Pilot
on many bombardment missions over enemy occupied Continental Europe.

      c.    On 28 January 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.

      d.    On 3 February 1945, he was awarded the Air Medal, Ninth Oak
Leaf Cluster, for extraordinary achievement, while serving as a B-24 Pilot
on many bombardment missions over enemy occupied Continental Europe.

      e.    On 15 February 1945, he was awarded the Distinguished Flying
Cross, Second Oak Leaf Cluster, for extraordinary achievement, while
serving as a B-24 Lead or Deputy Lead Pilot on many bombardment missions
over enemy occupied Continental Europe.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency