Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2007-02443
Original file (BC-2007-02443.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02443

            INDEX CODE:      107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he was awarded the Distinguished
Flying Cross (DFC) for his extraordinary and heroic actions on  5  Dec
44.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant’s daughters state their father was  not  presented  with
the medals he earned upon being honorably discharged.  He received the
majority of his medals after  requesting  them  from  the  Air  Force;
however, he was missing  the  DFC.   His  research  efforts  made  him
acutely aware of how critical his efforts were on one  aerial  mission
to save all nine men aboard their flak damaged B-17.  His efforts were
extraordinary and heroic.  When they landed  safely,  the  pilot  (now
deceased) told him that he would receive a DFC  for  his  efforts.   A
recommendation  for  award  of  the  DFC  was  submitted  through  his
Congressman to the Office of Legislative Liaison for award of the DFC.

In support of his request, applicant  submits  a  personal  statement,
Letter from SAF/LLI, dated 9 Jun 00, a description of the  mission,  a
notarized copy of a list of his missions, notarized letters from three
former crewmembers, a letter from the Radioman recommending  award  of
the DFC, a copy of the entry in the diary of the Co-Pilot, a copy of a
letter from the applicant to his Congressman detailing his  submission
for award of the DFC, and a copy of his AWG Form 58,  Enlisted  Record
and/Report of Separation Honorable Discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army Air Corps on  22  Aug  42  and  was
progressively promoted to the grade of  technical  sergeant.   He  was
honorably discharged for the convenience of the government on  19  Oct
45.  He served in the European Theatre of Operation from 14 Oct 44  to
24 Jun 45.

During this period he participated in  the  Rhineland,  Ardennes,  and
Central Europe campaigns.  His report of separation reflects award  of
the Good conduct medal, the European  African  Middle-Eastern  Ribbon,
with three Bronze Stars (w/3 BS), the WWII Victory Medal, and the  Air
Medal with four Oak Leaf Clusters (AM w/4 OLC).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends  denial.   DPSIDR  states  in  part,  that  the
applicant wrote through his Congressional office requesting  the  DFC.
The DFC package with the recommendation was forwarded to the Secretary
of the Air Force Personnel Council  (SAFPC),  which  is  the  approval
authority.  SAFPC disapproved the DFC  request  on  18  Sep  00.   His
daughters subsequently submitted a DFC package with the same documents
previously considered.  Applicant  has  not  supplied  any  additional
information for the SAFPC to reconsider the DFC request.

The AFPC/DPSOO evaluation is attached at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on
5 Oct 07, for review and comment within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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.  After a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded the applicant  should  be  awarded  the  DFC.   In  this
regard,  we  note  that  on  18  Sep  00,  the  SAFPC  determined  the
recommendations submitted by the applicant, although commendable,  did
not meet the requirements for award of the DFC.  The applicant has not
submitted any new evidence, and the Board does not  find  sufficiently
persuasive evidence to override the decision made by  the  SAFPC.   In
view of the above, we find no compelling basis to  recommend  granting
the relief sought in this application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 Docket  Number  BC-2007-
02443 in Executive Session 13 Dec 07, under the provisions of AFI  36-
2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 26 Jul 07, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 19 Sep 07.
      Exhibit D. Letter, SAF/MRBR, dated 5 Oct 07.




      LAURENCE M. GRONER III
      Panel Chair

Similar Decisions

  • AF | BCMR | CY2009 | BC-2007-02598

    Original file (BC-2007-02598.doc) Auto-classification: Approved

    DPSIDR states, in part, that after a thorough review of the applicant’s great-uncle’s military record, they are unable to find supporting documentation to indicate he was recommended for the award of the SS or DFC. Unfortunately, the applicant cannot recommend his great- uncle for award of the SS or the DFC. WAYNE R. GRACIE Panel Chair AFBCMR BC-2007-02598 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military...

  • AF | BCMR | CY2010 | BC-2010-04486

    Original file (BC-2010-04486.txt) Auto-classification: Denied

    and his affidavit, the letter she received from General H., the accounts of this mission by W.S., who flew out of Takhli that day, the affidavit of her father's best friend, the letters from MGen M., and her recollections as a child (her birth certificate verifies kinship, Exhibit N), it is apparent that her father died while trying to save the life of his wingman, Capt B. The applicant provided as evidence a personal affidavit. (Exhibit I) and her father's commander, Col. E.M. (Exhibits L...

  • AF | BCMR | CY2012 | BC-2012-01728

    Original file (BC-2012-01728.pdf) Auto-classification: Denied

    It was normal to be awarded the DFC after completing 35 combat missions with the 94th Bomb Group (BG). SAFPC Decorations Board disapproved the applicant’s request and requested additional justification in order to reconsider his request. However, the applicant has not provided any new evidence to SAFPC for consideration.

  • AF | BCMR | CY2002 | 0102528

    Original file (0102528.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 01-02528 INDEX CODE 107.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: He and his crew be awarded an unspecified decoration for destroying enemy jet fighters during a bombing mission from Italy to Berlin, Germany, on 24 Mar 45. On 12 Apr 96, a Congressional representative requested that the applicant and...

  • AF | BCMR | CY2011 | BC-2011-04215

    Original file (BC-2011-04215.txt) Auto-classification: Approved

    His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He states the DFC was awarded to a member of his crew who may have found documentation for one particular mission – 19 Oct 44. As such, based on the applicant’s verifiable act of extraordinary achievement while participating in aerial flight, we believe it would be in the interest of equity and justice to award the...

  • AF | BCMR | CY2009 | BC-2008-03533 (2)

    Original file (BC-2008-03533 (2).doc) Auto-classification: Denied

    His father was recommended for award of the DFC. The recommendation was reviewed by the chain of command as well as Congressional members at the time, and they did not support award of the DFC and instead awarded him a Letter of Commendation. ________________________________________________________________ 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...

  • AF | BCMR | CY2005 | BC-2005-02073

    Original file (BC-2005-02073.DOC) Auto-classification: Approved

    The SAFPC evaluation is at Exhibit F. ________________________________________________________________ APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Counsel states, among other things, that but for the applicant’s actions on 5 June 1944, the mission’s command pilot would have been in severe shock and unconscious in a matter of minutes and incapable of the aircraft flight maneuvers for which he was later awarded the Medal of Honor. Based on the established 8th Air Force policy of...

  • AF | BCMR | CY2012 | BC-2012-01840

    Original file (BC-2012-01840.txt) Auto-classification: Denied

    The applicant's chain of command resubmitted the recommendation, however, on 22 Sep 2009, the SAFPC Awards and Decorations Board determined, that although the recommendation was commendable, it did not meet the requirements for the DFC. DPSID states the SAFPC Awards and Decorations Board has considered the request twice and disapproved/downgraded the recommendation to an AM. Regarding his request for the DFC for the Laos mission, although he and another pilot provided statements on the...

  • AF | BCMR | CY2009 | BC-2009-00958

    Original file (BC-2009-00958.txt) Auto-classification: Denied

    On 14 Aug 43, General Arnold sent a memorandum to all Theater Commanders which revised the policy for award of the DFC. Under the revised policy, the DFC could be awarded for acts of heroism in combat flight or extraordinary achievement while participating in aerial flight. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2009 | BC 2009 00958

    Original file (BC 2009 00958.txt) Auto-classification: Denied

    On 14 Aug 43, General Arnold sent a memorandum to all Theater Commanders which revised the policy for award of the DFC. Under the revised policy, the DFC could be awarded for acts of heroism in combat flight or extraordinary achievement while participating in aerial flight. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...