RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-03533
                                             INDEX CODE:  100.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  DD Form 149, dated 17 Sep 08.  His  father’s  records  be  corrected  to
reflect award of the Distinguished Flying Cross (DFC) for his  participation
in the “Round the World Flight” in July 1938.

2.  DD Form 149, dated 9 Oct 08.   His  father’s  records  be  corrected  to
reflect award of the Air Medal (AM) for his participation in a  flight  from
26 Jun 40 to 4 Jul 40.

3.  DD Form 149, dated 29 Oct 08.  His  father’s  records  be  corrected  to
reflect award of the Army Commendation Medal (ARCOM).

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  DD Form 149, dated 17 Sep 08.  There is a possibility that an  error  or
injustice was done in not awarding his father the DFC for his  participation
in the historic “Round the World Flight” in July 1938  with  Howard  Hughes.
A more restrictive criterion was used in considering his  father  for  award
of the DFC than  had  been  used  in  considering  previous  awardees  under
similar circumstances.  Captain Charles Lindberg was  awarded  the  DFC  for
his 20-21 May 27 flight from New York to Paris.

2.  DD Form 149, dated 9 Oct 08.  The AM was not established until May  1942
and he believes the AM criteria  should  be  applied  retroactively  to  his
father’s flight.  There was something special concerning the flight  in  Jul
40, which his father participated, as a  brigadier  general  recognized  his
father’s efforts as a navigator on that flight.

3.  DD Form 149, dated 29 Oct 08.  His father was killed in June 1944.   The
ARCOM was created  as  a  ribbon  in  December  1945  and  was  awarded  for
commendations received after 6 Dec 41.  His father received  a  commendation
for work done in 1943.

In support of the appeal, the applicant submits  copies  of  documents  from
his deceased father’s available military personnel records;  page  three  of
AR  600-8-22,  a  copy  of  his  father’s  Death  Certificate,  and  various
documents associated with his request.

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

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STATEMENT OF FACTS:

The applicant’s father was commissioned a second lieutenant in the  Army  on
28 Jun 29.  He served as the navigator-co pilot  on  the  “Round  the  World
Flight” by Howard Hughes in 1938.  He served in the Army Air Corps until  19
Jun 44, when he was killed in an aircraft accident.

On 11 Jun 07, AFPC/DPPPR determined the applicant’s father’s entitlement  to
the European-African-Middle Eastern Medal.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.   DPSIDR  notes  the  War  Department  letter
signed by General Hap Arnold, indicating that after  careful  consideration,
it is believed the former servicemember is not eligible to receive  the  DFC
for participation in the Howard Hughes “Round the  World  Flight”.   General
Arnold also states the member was on ordinary leave of  absence  during  the
flight.  He received a Letter of Commendation (LOC)  for  his  participation
in the historic flight while being on leave.

There  was  no  official  documentation  located  to   verify   the   former
servicemember was recommended for or awarded the AM or the ARCOM.  No  other
Air Force decorations were verified.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was unable to locate or verify any change in Army  regulations  dated  10
Aug 38, that was relevant to 10 Jul - 14 Jul 38 flight.  If that  regulation
cannot be found and its relevance to the flight verified, he  requests  that
it not be considered in this case.

General Hap Arnold stated in documents that were damaged in the fire at  the
NPRC, the former servicemember is not eligible to receive the  DFC  for  his
participation in the “Round the World  Flight”  due  to  a  change  in  Army
Regulations dated 10 Aug 38.

Further, the former member was on ordinary leave of absence.  It goes on  to
say that the War Department approved him to participate as a passenger  and,
as such, the  duties  he  performed  are  not  considered  incident  to  his
position as an officer.

It further states that although the former  member  is  not  eligible  under
Army Regulations, the achievement of the flight  merits  the  award  of  the
DFC, and that a commendation is proposed to be awarded for his  navigational
skill in that flight

His father served in the Army Air Corps and not in the Army.

There have been several noteworthy recipients of the DFC.  Many people  with
extraordinary achievements, in order to receive the award of the  DFC,  have
received de-facto exceptions to rules and regulations  of  the  DFC.   Those
people include Orville Wright, Wilbur Wright, and Eugene Ely, who  were  all
civilians.   There  were  also  many  other   civilians,   Reservists,   and
foreigners who were awarded the DFC.

His father was recommended for award of the DFC.  In a letter  from  General
Hap Arnold that indicates his father was on an ordinary  leave  of  absence,
he contends that this was not the case and believes it was some  kind  of  a
special arrangement.

His father received a LOC for his participation in the  flight  flown  on  4
Jul 40 through 26 Jul 40.  The AM was retroactive to 8 Sep 39, and  the  LOC
his father was awarded should be upgraded to the  AM.   The  award  criteria
for the AM states that personnel can be awarded the AM for combat  and  also
during peacetime.

The applicant’s complete response, with attachments is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has not 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.  We note the evidence of record  shows  the
applicant’s  father  was  recommended  for  award  of  the   DFC   for   his
participation in the historic “Round the World Flight”  with  Howard  Hughes
by his commanding officer.  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.
Further, during the time  of  the  aforementioned  mission,  the  Commanding
General and the Congressional members involved in the decision to  recognize
the applicant’s father were familiar with the mission at hand  and  were  in
the best  position  to  render  a  decision  on  the  appropriate  level  of
recognition based on their knowledge of  all  the  facts  and  circumstances
involved,  and  we  are  not  persuaded  the  earlier  decision  should   be
overturned 70 years later as an exception to policy.  Also, we  believe  the
requested relief is outside this Board’s purview,  and  therefore  recommend
he seek an exception to policy  through  Congressional  channels.   It  also
appears the applicant has not exhausted all of the  administrative  remedies
available to him and the Board is persuaded the best avenue  to  submit  the
request would be through his Congressman, under the provisions of  the  1996
National Defense Authorization Act.  In  regard  to  the  AM,  there  is  no
evidence the mission for which the AM is requested  involved  actual  combat
in support of military operations.  In regard  to  the  applicant’s  request
that his father’s records be corrected to reflect award  of  the  ARCOM,  we
note, that based on the Army Air Force  Transfer  Agreement  of  1948,  this
Board would consider all requests for aerial decorations, i.e., the  AM  and
DFC, submitted by former Army Air Corps  members.   The  Army  retained  the
authority to act on and process all recommendations for decorations,  except
the DFC and the AM prior to 1 Jul  48  for  Army  and  Air  Force  personnel
serving during World War II.  As such, since the Army Commendation Medal  is
not an aerial decoration, this  part  of  the  requested  relief  should  be
addressed by the Department of the Army.  Therefore, in view of  the  above,
and in the absence of persuasive  evidence  to  the  contrary,  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-2008-03533
in Executive Session on 11 Aug 09, under the provisions of AFI 36-2603:

                       Mr. Debra M. Czajkowski, Panel Chair
                       Ms. Mary J. Mitchell, Member
                       Mr. Noble K. Eden, Member

The following documentary evidence was considered:

    Exhibit A.  DD Forms 149, dated 17 Sep 08, 9 Oct 08, and
            29 Oct 08, w/atchs.
    Exhibit B.  Applicant's Father’s Available
                        Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 14 Nov 08.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 08.
    Exhibit E.  Letter, Applicant, dated 5 Jan 08, w/atchs.





                                   DEBRA M. CZAJKOWSKI
                                   Panel Chair