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AF | BCMR | CY2009 | BC-2008-04138
Original file (BC-2008-04138.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2008-04138
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Based on the Eighth Air Force established policy of awarding a DFC upon  the
completion of  35  combat  missions,  he  is  entitled  to  the  award.   He
completed 32 combat missions in a B-17  in  the  European  theater,  with  a
total of 2500 hours and believes he should be entitled to the DFC.

In support of  the  appeal,  the  applicant  submits  a  personal  statement
through his member of congress; a copy of his WG AGO 53-55, Enlisted  Record
and Report of Separation,  issued  14  October  1945  and  other  supporting
documents.

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 17  December  1944  to  14 May  1945,  as
radio operator and gunner.  He completed a total  of  33  heavy  bombardment
missions  and  participated  in  the  Rhineland,  Central  Europe,  Northern
France, and Ardennes campaigns.

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.

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.  In 1942,  the
length of a tour  was  the  completion  of  25 combat  missions.   In  1943,
General “Hap” Arnold ordered theater commanders not to award the AM  or  DFC
based solely on the number of combat  missions  completed,  but  rather  for
acts  of  heroism  in  combat  flight  or  extraordinary  achievement  while
participating in aerial flight.  In 1944, the tour length for award  of  the
DFC was increased to 35 combat missions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends the application be denied, and states, in part,  they
are  unable  to  verify  the  applicant’s  entitlement  to   the   requested
decoration.   No  official  documentation  was  provided  or  located   that
verifies  the  DFC  being  awarded  to   the   applicant;   or   a   written
recommendation submitted requesting consideration for the DFC.

The AFPC/DPSIDR evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  27
February 2009 for review and comment within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error  or  injustice.   However,
should the applicant provide additional documentation, we would  be  willing
to reconsider his petition.  In view of the  above,  we  find  no  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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-2008-04138
in Executive Session on 11 June 2009, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Martha J. Evans, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Jun 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 19 Feb 09, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Feb 09.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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