RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-01826
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  YES


________________________________________________________________

APPLICANT REQUESTS THAT:

1.    He be awarded the Silver Star (SS) for gallantry in action on  15 June
1952, while leading a group bombing raid on  Pyong  Yang  East  Airport,  in
North Korea.

2.    He be awarded the Distinguished Service Cross (DSC) he was  previously
presented by General Baucus for  extraordinary  heroism  on  28  June  1952,
while,  as  a  first  lieutenant,  leading  a  group  of  25  F-84s  in  the
destruction of 150 trucks  and  eight  gun  positions,  accounting  for  six
percent of the total trucks and gun positions destroyed by the group  during
from 1950 to 1953.

3.    He be awarded  the  SS,  First  Oak  Leaf  Cluster  (SS,  1  OLC)  for
gallantry in action on 4 July 1952, while as Group Leader, leading 37  F-84s
against the North Korean Military Academy at Sakchu, North Korea.

4.    He be awarded the SS, 2 OLC, for gallantry  in  action  while  leading
over 100 close-air-support missions to the front lines  of  the  Korean  War
from March to August 1952.

5.    He be awarded the Distinguished Flying Cross (DFC)  for  extraordinary
achievement while participating in aerial flight against the enemy in  Korea
during the period May through August 1952, totaling 102 combat missions.

6.    The decorations awarded to him in 1985 by the Chief of Staff  for  his
second tour of duty in Korea, i.e., SS, DFCs 1st through  3rd  OLCs,  &  Air
Medal, with Fourth Oak Leaf Cluster (AM, 4 OLC), be placed in his records.

________________________________________________________________

APPLICANT CONTENDS THAT:

His decorations and record of service during the Korean War, with  the  49th
and 51st Fighter Wings are missing.

In the early 1980’s, the Chief of Staff (a former flight member of his  wing
in 1952) discovered that he [the applicant] was the  only  ace  without  any
medals and initiated decoration recommendations to correct this.   In  1985,
the Chief of Staff awarded him the SS, 1st through 3rd OLCs to the DFC,  and
the AM, 4 OLC, for his second tour of duty in Korea as an F-86  pilot,  with
the 51st Fighter Wing.  However, he has never received the  decorations  for
his first combat tour in Korea as an F-84 pilot.

In January 1952, the 49th Fighter-Bomber Wing (49th  FBW)  lost  18  pilots.
The losses, including 241 F-84s, were so high by the end of 1952,  the  wing
was disbanded and sent to Japan.  When the  wing  went  to  Japan,  all  the
records were sent elsewhere.  In normal channels,  no  one  could  find  the
Daily Mission Reports, which were the source for all award  recommendations.
 In 2003, these mission reports were located.

Translated Russian documents establish that in 1952 the  Soviet  Union  paid
its pilots 1500 rubles for each US aircraft shot down which,  based  on  the
1952 exchange rate, equated to $4,500.00 US dollars.

15 June 1952 - Pyong Yang  Airport  East,  North  Korea.   He  distinguished
himself by gallantry  in  action  while  leading  a  group-bombing  raid  to
destroy specific targets on Pyong Yang Airport East that had remained  after
a previous group effort.  The accuracy of  the  attack  was  critical  since
Prisoners-of-War (POWs) were embedded in key sites.  To assure  the  maximum
safety of the POWs, napalm and strafing were employed, making the  attacking
aircraft coming in low and slow extremely vulnerable  to  the  dense  ground
fire.  The airport was heavily defended by 48 anti-aircraft  guns  and  more
than 100 automatic weapons, making it one  of  the  worst  “flak  traps”  in
Korea.  Against these odds, he led an almost perfect  attack,  resulting  in
100 percent coverage and 98 percent effectiveness.  No  POW  buildings  were
hit, nor did any aircraft sustain major damage.  The results of the  mission
were cited as excellent and gratifying, and proved the ability  of  the  Far
East Air  Forces  jet  and  propeller  planes  to  carry-out  a  variety  of
destructive missions.

28 June 1952 - Destruction of 150 trucks, 50 fuel drums,  8  gun  positions,
and 150 enemy troops.  He distinguished  himself  by  extraordinary  heroism
near Wonson, Korea as group leader (as  a  first  lieutenant)  of  24  F-84s
assigned to the destruction of a target  on  a  deep  interdiction  mission.
Approximately half way to the primary target,  the  group  was  diverted  to
attack a target a P-51 weather flight had spotted.  He located the P-51  and
put his group into orbit.   He  performed  an  extremely  difficult  weather
penetration,  without  electronic  navigation  aids,  to  locate  the  truck
convoy.  Upon returning to the group, he  established  a  systematic  round-
robin of all  six  flights  to  allow  penetration  of  the  weather  and  a
reasonable chance of  hitting  the  targets.   It  is  a  testament  to  his
leadership ability that he was able to plan and  execute  a  very  difficult
attack and led the group in a devastatingly successful strike.   The  trucks
were too numerous for the F-84 ordnance so he  directed  they  continue  the
attacks by strafing.  Because of the adverse  weather,  he  disregarded  his
own safety and remained in the  target  area,  vulnerable  to  heavy  ground
fire,  to  direct  attacking  aircraft  through  the  weather  to  the  most
lucrative targets.  The six other officers  that  led  their  squadrons  all
received the DFC - the most given on any mission.   For  leading  the  group
[as  a  lieutenant]  the  5th  Air  Force  Commander   presented   him   the
Distinguished Service Cross (DSC) and  stated  that  he  did  not  have  the
authority for the DSC and that 5th Air Force  Headquarters  in  Tokyo  would
have to approve it, but he “…had never been turned down yet.”   However,  he
was mixed in with the flight leaders  by  mistake  and  never  received  the
orders and citation to accompany  the  DSC.   Instead,  he  received  orders
erroneously awarding him the Distinguished Flying Cross (DFC).  The  mission
accounted for 6 percent of the total trucks and gun positions  destroyed  by
the group during from 1950 to 1953.

4 July 1952 Mission - North Korean Military Academy,  Sakchu,  North  Korea.
He distinguished himself by gallantry in action while leading a group of  37
F-84s in a raid to strafe and deliver 7,000 gallons of napalm to  the  North
Korean Military Academy.  The academy was  located  across  the  Yalu  River
from Antung, where approximately 1,200 MiG-15s  were  based.   In  spite  of
fierce enemy opposition (200 attacking MiG-15s - the most  numerous  of  the
Korean  War  -  and  extremely  heavy  anti-aircraft  fire),  he   dealt   a
devastating blow to the  Academy.   During  preflight  mission  briefing  he
emphasized there was no way to avoid radar detection, there  would  be  MiG-
15s encountered, and there would be no room for a  feint  to  confuse  their
target destination.  He gave a pep talk describing that they had to hit  the
target, not drop their ordnance at the report of MiG-15s, as other  missions
had done.  He further advised that if  attacked,  they  would  form  Lufbery
Circles  [a  horizontal  circle  in  the  air  in  which  each   plane   can
theoretically protect the plane in front of him if attacked] and hold  their
ordnance, then go into the target and  drop  their  ordnance.   Leaving  the
target, they would hit the deck and proceed to the water  at  the  mouth  of
the Yalu River and form another  Lufbery  Circle  until  the  MiG-15  attack
ceased.  During the mission, he led by example and maintained the  integrity
of his force during the mission.  When the  MiG-15s  attacked  the  flights,
the flights performed as briefed and no  F-84s  were  lost.   The  raid  was
selected to show the effectiveness of fighter-bombers under the nose of MiG-
15s after B-29s had suffered unacceptable losses.  No F-84s  were  lost  and
all ordnance was expended on target.  The mission was significant since  one
week earlier the United Nations sent a number  of  aircraft  to  attack  the
hydro-electric plants on the Yalu River  and  no  MiG-15s  rose  to  protect
them.  As a result, the Russian Commander was relieved of command.   On  the
day of the mission, the Russians thought it was another raid  on  the  power
plants and remembering the weeks before, were on alert and put  200  MiG-15s
in the air.  The success of the mission exemplified what could  be  done  by
good leadership during the height of intense chaos in combat.   The  mission
was written-up by both sides as being one of the major raids of  the  Korean
War, convincing the North Koreans they were not assured of winning the  war,
and returning them to the peace talks.

March to August 1952 - 100 close-air-support missions to the front lines  of
the Korean War.  He distinguished  himself  by  gallantry  in  action  while
engaged in aerial conflict from April  through  August  1952.   During  this
period, he led flights  of  four  aircraft  on  raids  to  destroy  specific
targets during  over  100  bombing  raids  on  close  air  support  bombing,
strafing, and napalm raids in, on, or near, the front lines  in  the  Korean
theatre of operations.  He had over 10 missions with  a  score  of  over  90
percent in all categories - an incredible  achievement  -  as  high  as  any
during the Korean War.  In addition, he trained most of his squadron  mates,
many of whom had arrived without ever having fired a  rocket  or  dropped  a
bomb.  He also checked the new flight and group leaders to prepare them  for
combat and certify them as ready.   He  devised  the  first  cruise  control
charts using rockets, bombs, and napalm, and gave lectures to the  group  on
their use.  To improve coordination  with  the  Mosquito  aircraft  and  the
Forward Air Controllers (FACs), he  went  to  the  front  lines  during  the
winter of 1951 - 1952 and was briefly FAC with  the  1st  Infantry  Division
(The Big Red One).  The 1st Infantry Division  was  in  the  center  of  the
front lines and bore the brunt of many major Chinese attacks.  As  a  result
of his efforts, he had flight leaders that  could  proceed  to  any  of  the
famous hills, from Hill 321 to Old Baldy,  without  opening  a  map.   After
helping develop better tactics on  the  spot  to  handle  the  unusual  snow
coverage that winter, he flew out to the carrier Valley Forge to  work  with
the Navy and Marine Corps on close air support in an  effort  to  coordinate
efforts in Korea.  He was also written-up in the 17 August  1952  Stars  and
Stripes, with a special citation by the 7th Division Commander  who  watched
one of his strikes and stated that it was the best close support mission  he
has ever seen.

May through August 1952 - 102 combat missions.  He distinguished himself  by
extraordinary achievement while participating in aerial  flight  during  the
period  May  through  August  1952,  by  flying  102  combat  missions.   Of
particular note is his 9 August 1952 attack on anti-aircraft gun  batteries.
 The mission was a typical group effort of 24 aircraft  assigned  to  attack
batteries on anti-aircraft guns around Sinanju.  It  was  in  the  north  of
Korea near the Yalu River in what  was  known  as  “MiG  Alley,”  and  enemy
aircraft were called-out in the area; however, none were  encountered.   The
flak was heavy and one  aircraft  did  receive  major  damage  but  returned
safely.

In support of his request, the applicant  submits  his  personal  statement,
Congressional    correspondence,    recommendations    from    his    former
commander/Director  of  Combat  Operations  Fifth   Air   Force,   narrative
recommendations, proposed citations, a statement from his wingman on the  28
June 1952 mission,  extracts  from  his  personal  copies  of  his  military
records to include flight records, mission  reports,  a  copy  of  the  only
other DSC awarded in the wing, translated Russian mission  reports  for  the
cited missions, extracts of books written by the  former  North  Korean  and
Soviet Commanders, photographs, and maps.

His former commander states that he is very familiar  with  the  conditions,
targets, and situations the applicant faced as  Operations  Officer  of  the
8th Squadron and as a  Group  and  Squadron  Leader  for  many  of  his  102
missions while assigned under his command.  During the period  in  question,
all pilots were awarded the DFC  upon  their  completion  of  a  100  combat
mission tour.  Despite this policy, the applicant was  never  presented  his
DFC.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were destroyed by  fire  in  1973  at  the  National
Personnel Records Center (NPRC).  Therefore, the following facts  have  been
extracted from the documentation provided by the applicant.

Upon graduation from the United States Military Academy at West  Point,  the
applicant was commissioned a second lieutenant in the Regular Air  Force  on
3 June 1949 and entered active duty.

During the period 25 February 1952 to 30 April 1952, he was assigned to  the
8th Fighter-Bomber Squadron, 49th Fighter-Bomber Group, at Taegu AB,  Korea,
as an F-84E, Thunderjet, pilot and operations officer. During  this  period,
he completed 102 combat missions, totaling 209 combat hours. On 1 May  1952,
he was assigned as a flight commander and  was  promoted  to  the  grade  of
captain on 7 September 1952.

The applicant’s War Department  Form  66,  Officer’s  Qualification  Record,
indicates that Far East Air Force (FEAF) General Order 130, dated  29  March
1951, awarded him the Korean  Service  Medal  and  Headquarters,  Fifth  Air
Force, General Order 453, dated 1 May 1952, awarded  him  the  AM;  however,
neither medal was presented.

He volunteered for a second combat tour in Korea  and  on  2 November  1952,
was assigned to the 16th Fighter Squadron, 51st  Fighter  Interceptor  Wing,
at Suwon AFB, Korea, as an F-86F, Saber, pilot.

During the four-day period from 21 through 24 January  1953,  the  applicant
shot down five enemy MiG-15s, setting a record for becoming  a  jet  Ace  in
the shortest period of time.  He was the 24th of the 38 Aces of  the  Korean
War.

He transferred out of the 51st FIW on 25 January 1953, was  sent  stateside,
and given the option of applying for a hardship discharge.

Headquarters, FEAF, General Order 76,  dated  13  February  1953,  gave  the
applicant official credit  for  destruction  of  three  MiG-15  aircraft  in
aerial combat near Uiju, Korea, with one victory  each  on  22,  23  and  24
January 1953.

On 9 June  1953,  he  was  released  from  assignment  and  duty  under  the
provisions of AFR 36-12, paragraph 5b (Hardship);  his  resignation  of  his
commission was accepted by the President; and he  was  honorably  discharged
from all appointments.  He completed four years and seven months  of  active
service, of which two  years,  six  months,  and  three  days  were  foreign
service.  The DD Form 214, Report of Separation from  the  Armed  Forces  of
the United States, issued in conjunction with his 1953 separation  indicates
that he was awarded the DFC, AM, 3 OLC, and Korean Service Medal.

Headquarters, Fifth Air Force,  General  Order  453,  dated  25  July  1953,
awarded the  applicant  and  five  other  first  lieutenants,  the  DFC  for
extraordinary achievement while participating in aerial flight  on  28  June
1952.  Copies of the DFC citations awarded to three of these  officers  have
been located at NPRC and indicate that two of the officers were awarded  the
DFC for leading their  squadrons  during  the  mission  and  the  other  for
leading his flight.

Headquarters, FEAF, General Order 423,  dated  5  December  1953,  gave  the
applicant official credit for destruction of two MiG-15 aircraft  in  aerial
combat near Insan-Dong, Korea, on 21 January 1953.

On 22 March 1985, the Chief of Staff awarded him the following decorations:

           The SS for gallantry  in  connection  with  military  operations
      against an opposing armed force near Insan-Dong, Korea, on  21 January
      1953.  Flying number two position in a flight of four  F-86  aircraft,
      he sighted four MiG-15s and attacked one of them, scoring hits on  the
      wing and tail section.  The aircraft was observed going straight down.
       Minutes later, he sighted five MiG-15s and attacked one, hitting  the
      wing roots, fuselage, and tail section.  The  enemy  aircraft  made  a
      turn left and was last observed in a steep dive  with  fuel  streaming
      from the right wing.


           The  DFC,   1   OLC,   for   extraordinary   achievement   while
      participating in aerial flight near Uiju, Korea, on  22 January  1953,
      while leading a flight of four F-86 aircraft, he  initiated  a  diving
      attack on one of a flight of  two  MiG-15s.   Once  the  aircraft  was
      within range he fired, scoring hits on the wings, fuselage,  and  tail
      pipe sections.  The enemy aircraft  was  observed  crashing  into  the
      ground.


           The  DFC,   2   OLC,   for   extraordinary   achievement   while
      participating in aerial flight near Uiju, Korea, on  23 January  1953,
      while flying number four position in a flight of four  F-86  aircraft,
      he attached a MiG-15, scoring numerous hits and causing severe damage.
       The enemy aircraft was observed in a vertical dive.


           The  DFC,   3   OLC,   for   extraordinary   achievement   while
      participating in aerial flight near Uiju, Korea, on  24 January  1953,
      while flying number four position in a flight of four  F-86  aircraft,
      he was attached by a MiG-15.  The  enemy  aircraft  overshot,  placing
      himself directly in front of his aircraft.   He  fired,  scoring  hits
      over the fuselage of  the  MiG-15.   The  enemy  aircraft  was  lasted
      observed in flames in a vertical dive.


           The AM, 4 OLC, for meritorious achievement  while  participating
      in sustained aerial flight with the 16th Fighter Interceptor  Squadron
      from 2 November 1952 to 24  January  1953.   During  this  period,  he
      demonstrated outstanding proficiency and steadfast devotion to duty in
      the successful accomplishment of these  important  fighter-interceptor
      missions, under extremely hazardous conditions.

During the period in question, the Distinguished  Service  Cross  (DCS)  was
awarded to any member of the Air Force, while serving in any  capacity  with
the Air Force, who distinguished  themselves  by  extraordinary  heroism  in
connection with military operation against an  armed  enemy  of  the  United
States.  According to the Far East Air Force (FEAF)  Awards  Programs  1950-
1954, the criterion for such heroism was risk of life  so  extraordinary  as
to set the person apart from his comrades.  During the Korean  conflict  Far
East Command (FEC) retained  authority  to  award  the  medal.   During  the
period 25 June through 18 September 1952, FEC awarded a total  of  16  DSCs.
On 19 September 1952, FEAF received authority to award the  DSC  to  members
of the US Armed Forces and awarded 21 DSCs.

The Silver Star (SS) is awarded to any person  who,  while  serving  in  any
capacity, is cited for gallantry in action, i.e.,  heroism  of  high  degree
involving risk of life, against an enemy of the United States while  engaged
in military operations involving conflict with an  opposing  foreign  force,
or while serving with friendly forces against an  opposing  Armed  Force  in
which the United States is not a belligerent party.  In addition, a  SS  was
awarded upon the obtainment of five confirmed aerial victories.  On 11  July
1950, FEAF was granted authority to award this medal.   Authority  for  this
medal was delegated to number  Air  Force  commanders.   As  of  10 February
1951, 19 SSs had been awarded.  As of  5 January  1953,  293  SSs  had  been
awarded, of which 267 were  awarded  to  personnel  assigned  to  Fifth  Air
Force.

The DFC was established by Congress  on  2 July  1926  and  is  awarded  for
heroism or extraordinary achievement while participating in  aerial  flight.
During the period in question both  heroism  and  extraordinary  achievement
had to be entirely distinctive involving operations that were  not  routine.
On 29 June 1950, authority for this medal was delegated to FEAC.

On 1 July 1950, FEAF established a policy whereby a  DFC  was  awarded  upon
the completion of every 25 combat missions and the AM  upon  the  completion
of every five combat missions.  On 16 July  1950,  the  number  of  missions
required for award of a DFC was increased to  35  missions  and  the  number
required for award of an AM was increased to 10.  On  20  August  1950,  the
total number of combat missions required for award of a  DFC  was  increased
to 50.  In addition, on 24 July 1950, the criteria for  DFCs  and  AMs  were
changed to include the definition of a combat mission as “a directed  aerial
flight over enemy or enemy  held  territory  where  enemy  opposition  might
develop at any time.” and AM were awarded upon the completion of  a  certain
number of missions.  Such recommendations were to be  further  substantiated
by direct referral  to  a  specific  sortie,  the  accomplishment  of  which
fulfilled the requirement of extraordinary, meritorious  achievements.   The
manual release of bombs and  the  destruction  of  enemy  aircraft  did  not
automatically warrant award of the DFC.

The AM is awarded for heroic or meritorious achievement while  participating
in aerial flight.

The applicant’s records currently reflect that he has been awarded  the  SS,
DFC, 3 OLC, and AM, 4 OLC.

________________________________________________________________

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 error or injustice to  warrant  awarding  the  applicant  three
Silver Stars (SSs) and two Distinguished Flying  Crosses  (DFCs).   In  this
respect, we note the following:

      a.    The applicant’s official military records  are  unavailable  and
are presumed to have been either lost in transit when his unit in Korea  was
deactivated and the records were sent to Japan or  they  were  destroyed  by
fire in 1973 at the National Personnel Records Center (NPRC).  However,  the
applicant has provided copies  of  his  official  military  records.   These
documents, to include the copies of the certificates and  citations  of  the
decorations the Chief of Staff awarded him in 1985 for his  second  tour  of
duty in Korea, will be used to reconstruct  his  military  master  personnel
record (MPR).


      b.    After thoroughly reviewing the evidence of  record,  to  include
the  former  commander’s  recommendation  and  translated  Russian   mission
reports, we are convinced the applicant’s gallantry in  action  on  15  June
and 4 July 1952, meets the criteria for award of the SS.  On 15  June  1952,
he led a  group-bombing  effort  to  destroy  specific  targets  at  heavily
defended Pyong Yang Airport East  where  Prisoners-of-War  (POWs)  had  been
embedded in strategic sites.  To assure the  maximum  safety  of  the  POWs,
napalm,  rockets,  and  strafing  were  employed,  requiring  the  attacking
aircraft to come in low and slow making them  extremely  vulnerable  to  the
dense ground fire.  Despite this, and with complete disregard  for  his  own
safety, he led a near-perfect attack, resulting in 100 percent coverage  and
98 percent effectiveness.   On  4  July  1952,  in  spite  of  fierce  enemy
opposition and with complete disregard for his own safety, he  led  a  group
of 37 F-84s in a raid to strafe and deliver 7,000 gallons of napalm  to  the
North Korean Military Academy located across the  Yalu  River  from  Antung,
where approximately 1,200 MiG-15s were based.  We also note  the  squadron’s
historical data report rendered during  this  period  indicates  that  these
mass fighter-bomber strikes were significant in that  they  established  the
ability of the Far East Air Force (FEAF)  jet  and  propeller   aircraft  to
carry-out a variety of destructive missions.  In view  of  this,  given  the
favorable recommendation of  his  former  commander,  and  in  view  of  his
gallantry in action during these missions, we recommended he be awarded  two
additional oak leaf clusters to the  SS.   We  also  note  that  during  the
period in question, a policy existed whereby  a  SS  was  awarded  upon  the
credit of five aerial victory credits and  obtainment  of  Ace  status.   In
view of this, and since the applicant was never awarded  an  additional  oak
leaf cluster to the SS for his five aerial victories, which he  achieved  in
a record-setting four-day period, faster than any American pilot during  the
“jet-age,” we also recommend that he  be  awarded  an  additional  oak  leaf
cluster  to  the  SS  for  this  momentous  accomplishment.   The  applicant
requests award of the SS (basic) through Second Oak Leaf  Cluster  (2  OLC);
however, since he  was  previously  awarded  the  SS  (basic)  in  1985,  we
recommend he be awarded the SS First through Third Oak Leaf Clusters.


       c.     Although  the  applicant  requests  award  of  the   DFC   for
extraordinary achievement while participating in 102 combat missions,  based
on the criteria in effect at  the  time,  he  should  actually  receive  two
additional oak leaf clusters to the DFC.  In this respect, we note  that  on
20 August 1950, FEAF established a policy whereby a  DFC  was  awarded  upon
the completion of every 50 combat missions.   In  view  of  the  applicant’s
completion of a total of 102 combat missions, we  recommend  he  be  awarded
two additional oak leaf clusters to the DFC for extraordinary achievement.

4.    Notwithstanding the above, insufficient  relevant  evidence  has  been
presented to warrant favorable consideration of his  request  for  award  of
the Distinguished Service Cross (DSC) and an additional SS for leading  over
100 close-air-support missions.  We have thoroughly  reviewed  the  evidence
of record and are not persuaded that he has been the victim of an  error  or
injustice to warrant awarding him the DSC for his actions on 28  June  1952.
On that date, while leading a group of 25 F-84s  in  the  destruction  of  a
target on a deep interdiction mission, his group was diverted  to  attack  a
truck convoy that a P-51 weather flight had spotted.   Despite  heavy  group
fire and heavy low overcast weather  conditions,  his  group  destroyed  150
trucks, 50 fuel drums, 8 gun positions, and  150  enemy  troops,  accounting
for 6 percent of the total trucks and gun positions destroyed by  the  group
during from 1950 to 1953.  For their actions, the six  other  officers  that
led their squadrons all received the DFC for  their  actions.   For  leading
the group, the applicant  was  presented  the  Distinguished  Service  Cross
(DSC) by the 5th Air Force Commander, who stated that he did  not  have  the
authority to make a field decoration of the DSC and  that  Headquarters  5th
Air Force in Tokyo would have to approve it, but that he  “…had  never  been
turned down yet.”  However, there is no evidence the DSC  was  approved  and
Headquarters 5th Air Force General Order 453, dated 25  July  1952,  awarded
him the Distinguished Flying Cross (DFC) for  extraordinary  achievement  on
28 June 1952.   As  indicated  by  the  5th  Air  Force  commander  when  he
presented the applicant the DSC, he did not have the  authority  to  approve
the decoration.  Given the presumption of regularity  in  the  operation  of
governmental  affairs,  and  absent  a  showing   the   recommendation   was
improperly considered, it appears the DSC recommendation was  not  favorably
considered and a lesser award, i.e., the DFC, was determined to be the  more
appropriate form of recognition.    With  respect  to  his  request  for  an
additional SS for leading over 100 close-air-support missions,  since  these
missions are included in the 102 total combat  missions  for  which  we  are
recommending that he be awarded two DFCs, there exists no basis  upon  which
to  favorably  consideration  this  portion  of  his  application.   To   do
otherwise, would constitute dual-recognition.  We also note that his  former
commander does not appear to support this portion of the application.

6.  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 issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

      a.    He be awarded the Silver Star, First Oak  Leaf  Cluster  (SS,  1
OLC) for gallantry in action on 15 June 1952.

      b.    He be awarded the SS, Second Oak Leaf Cluster (SS,  2  OLC)  for
gallantry in action on 4 July 1952.

      c.    He be awarded the Distinguished Flying Cross,  Fourth  Oak  Leaf
Cluster (DFC, 4 OLC) for extraordinary achievement  while  participating  in
aerial flight against the enemy in Korea during the period 5 March  1952  to
17 May 1952.

      d.    He be awarded the DFC, Fifth Oak Leaf Cluster (DFC, 5 OLC),  for
extraordinary achievement while participating in aerial flight  against  the
enemy in Korea during the period 21 May 1952 to 16 August 1952.

      e.    On 25 January 1953, he  was  awarded  the  SS,  Third  Oak  Leaf
Cluster (SS, 3 OLC), for gallantry in action against an enemy of the  United
States by destroying his fifth enemy aircraft.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
01826 in Executive Session on 13 August 2008, under the  provisions  of  AFI
36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. Michael K. Gallogly, 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 3 Jan 08, w/atchs.




                                   JAMES W. RUSSELL, III
                                   Acting Panel Chair



      Your application to the Air Force Board for Correction of Military
Records, AFBCMR BC-2008-01826, has been finalized.

      The Board determined that the military records should be partially
corrected.  However, after a careful review and consideration of all
factors involved, the Director, Air Force Review Boards Agency determined
that the military records should be further corrected as set forth in the
attached copy of a Memorandum for the Chief of Staff, United States Air
Force.  The office responsible for making the correction will inform you
when your records have been changed.
The office responsible for making the correction will inform you when your
records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-IN), Indianapolis, Indiana, and involves the assembly and
careful checking of finance records.  It may also be necessary for the DFAS-
IN to communicate directly with you to obtain additional information to
ensure the proper settlement of your claim.  Because of the number and
complexity of claims workload, you should expect some delay.  We assure
you, however, that every effort will be made to conclude this matter at the
earliest practical date.

                                        Sincerely



                                        PHILLIP E. HORTON
                                        Chief Examiner
                                        Air Force Board for Correction
                                        of Military Records

Attachments:
1.  Cy of Directive, w/Cy of Proceedings
2.  SAF/MRB Letter

cc:

DFAS-IN


AFBCMR BC-2008-01826




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, be corrected to show that:

      a.    He be awarded the Silver Star, First Oak Leaf Cluster (SS, 1
OLC) for gallantry in action on 15 June 1952.

      b.    He be awarded the SS, Second Oak Leaf Cluster (SS, 2 OLC) for
gallantry in action on 4 July 1952.

      c.    On 25 July 1952, he was awarded the Distinguished Service Cross
(DSC) for extraordinary heroism on 28 June 1952, rather than the
Distinguished Flying Cross (DFC).

      d.    He be awarded the Distinguished Flying Cross (DFC) for
extraordinary achievement while participating in aerial flight against the
enemy in Korea during the period 5 March 1952 to 17 May 1952.

      d.    He be awarded the DFC, Fourth Oak Leaf Cluster (DFC, 4 OLC),
for extraordinary achievement while participating in aerial flight against
the enemy in Korea during the period 21 May 1952 to 16 August 1952.

      e.    On 25 January 1953, he was awarded the SS, Third Oak Leaf
Cluster (SS, 3 OLC), for gallantry in action against an enemy of the United
States by destroying his fifth enemy aircraft near Uiju, Korea on 24
January 1953.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                 CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXX, Docket No:  BC-2008-01826

      I have carefully considered all the circumstances of this case and do
not agree with the Board’s denial of the applicant’s request for the
Distinguished Service Cross (DSC)

      It is uncontested that on 28 June 1952, the applicant, while serving
in the grade of first lieutenant, led a group of 25 F-84s in the
destruction of a target on a deep interdiction mission, and diverted his
group to attack a truck convoy that a P-51 weather flight had spotted.
Despite heavy group fire and heavy low overcast weather conditions, his
group destroyed 150 trucks, 50 fuel drums, 8 gun positions, and 150 enemy
troops, accounting for 6 percent of the total trucks and gun positions
destroyed by the group from 1950 to 1953.  It is also uncontested that for
their actions, the six other officers that led their respective squadrons
were all awarded the Distinguished Flying Cross (DFC); whereas, the
applicant was presented the DSC for leading the group.  The panel
acknowledges the DSC was officially presented to the applicant by the Fifth
Air Force Commander, who stated that he did not have the authority to make
a field decoration of the DSC and that Headquarters in Tokyo would have to
approve it, but that he “…had never been turned down yet.”  However, in the
absence of evidence the DSC was approved, the panel recommends denial of
this portion of the application, noting the applicant was instead awarded
the DFC for his actions.  I believe the record supports the commander’s
recommendation that the applicant be awarded the DSC.

      I note the citation to accompany the DFC awarded to the applicant for
his actions during the mission, indicates that he was a squadron leader;
whereas, the 28 June 1952 Mission Report and the Eighth Fighter Bomber
Historical Data Report for the month of June 1952, both establish that he
in fact led the entire group of 25 aircraft, rather than one of the
squadrons.  I also note that during the mission, with complete disregard
for his own safety, he remained exposed to heavy enemy ground fire and
under an overcast canopy so that he could visually direct the group’s
sequenced “round-robin” attacks and withdrawals.  In view of the evidence
before me, and given the Fifth Air Force Commander’s determination at the
time that a DSC was the appropriate level of recognition for the
applicant’s heroic actions during the mission, I conclude the applicant has
established the decoration approval authority clearly overlooked the
critical fact that he was a group leader when determining the appropriate
level of recognition for his actions during the mission.

      In view of the above, I direct the DFC erroneously awarded to this
early pioneer of the jet bomber/fighter age be upgraded to the DSC.


                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency