RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2009-01041
                                             INDEX CODE:  100.00
      XXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  YES


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was recommended for the DFC in December  1952,  for  his  actions  on  13
November 1952, during  the  rescue  of  a  downed  pilot  but  was  abruptly
transferred to another  squadron  and  sent  to  Japan.   Consequently,  the
recommendation was misplaced and not acted upon.

On the date in question, he was part of a  four-man  flight,  in  which  the
number two aircraft was shot down.  He stayed with the downed pilot,  flying
at a low level, while awaiting a rescue helicopter and other air support  to
respond.  During this period, the down pilot was being pursued by two  North
Korean soldiers, who had gotten within 50 feet of him.  At  this  point,  he
flew down on a course that approached the pilot  and  shot  and  killed  the
North Korean  soldier  closest  to  him.  The  other  North  Korean  soldier
immediately dropped his rifle and  left  the  area.   As  a  result  of  his
actions, the downed pilot was able to evade capture and was later rescued.

In support of the appeal, applicant submits a recommendation/statement  from
the downed pilot he saved, who states that on the date in question,  he  was
surrounded by enemy soldiers and heavy ground fire, and the shots  fired  by
the applicant saved him from certain death.   He  adds  that  based  on  the
courage and dedication he  witnessed  on  that  date,  he  was  inspired  to
volunteer to fly an additional 99 missions prior to completing his tour.

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

________________________________________________________________


STATEMENT OF FACTS:

The applicant is a former Air Force Reserve major who served  with  the  8th
Fighter-Bomber Squadron, 49th Fighter-Bomber Group, at Tague  AB,  Korea  as
an F-84 (Thunderjet) pilot during  the  period  in  question.   During  this
period, he completed a total of 66  combat  missions,  totaling  122  combat
hours and was  awarded  the  Air  Medal,  with  One  Oak  Leaf  Cluster  for
meritorious achievement while participating in  aerial  flights  over  enemy
held territory from 21 June 1952 through 13 August 1952 and  13 August  1952
through 21 November 1952.

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.

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

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states, in part, that although it  appears
the  applicant  may  have  a  credible   claim,   without   any   verifiable
documentation within his military records to indicate that he  was  formally
recommended, or awarded the DFC for the events that occurred on 13  November
1952, they must recommend disapproval based on  the  guidelines  of  Section
526 of the Fiscal Year  1996  National  Defense  Authorization  Act  (NDAA).
However, should the Board determine  to  provide  the  relief  sought,  they
recommend the record be corrected to reflect award of the DFC.

Under the FY96 NDAA, Section 526, enacted into law on 10 February 1996,  the
original or reconstructed written award recommendation is required  for  the
recommended individual.  In addition, the recommendation  must  be  made  by
someone,  other  than  the  member  himself,  preferably  the  commander  or
supervisor at the time of the act or achievement, with  firsthand  knowledge
of the member’s achievements.  If someone has  firsthand  knowledge  of  the
applicant’s  accomplishments  and  achievements,   he   may   act   as   the
recommending official.

The complete evaluation is at Exhibit C.

________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1  June
2009 for review and comments, within 30 days.  However, as of this date,  no
response has been received by this office.

Although DPSIDR cites Section 526 of the FY96 NDAA (Tab 1) as  a  basis  for
denial, the statute clearly states such consideration will be “Upon  request
of a Member of Congress…”  As such, it would appear that such  consideration
is only available when requested by a  Member  of  Congress.   Historically,
the AFBCMR has consistently waived an applicant’s  failure  to  timely  file
and considered the case on its merit.

________________________________________________________________

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.  In this respect, we note the applicant  is
a former Thunderjet pilot, who completed 66 combat  missions,  totaling  122
combat hours, during the Korean War.  The applicant contends  that  although
he was recommended  for  the  DFC  in  December  1952  for  his  actions  on
13 November 1952, the recommendation  was  subsequently  misplaced  and  not
acted upon because he was abruptly transferred to another squadron and  sent
to Japan shortly after the mission.  We also note the  DFC  is  awarded  for
heroism or extraordinary achievement while participating in  aerial  flight.
Further, during the  period  in  question  both  heroism  and  extraordinary
achievement had to be entirely distinctive involving  operations  that  were
not routine.   The  evidence  of  record  indicates  that  on  the  date  in
question, despite heavy ground fire, the applicant remained with the  downed
pilot for 30 minutes, flying  at  a  low  level,  while  awaiting  a  rescue
helicopter, during which time he flew down on a course that  approached  the
pilot, who was about to be overtaken and  captured  by  two  pursuing  North
Korean soldiers.  The applicant shot and killed  the  closest  North  Korean
soldier to the downed pilot  and  the  other  pursuing  soldier  immediately
dropped his weapon and disengaged his pursuit of the pilot.  As a result  of
his actions, the downed pilot was  able  to  evade  capture  and  was  later
rescued.  Although a copy of the original recommendation is unavailable,  in
view of  the  statement  provided  by  the  downed  pilot,  whose  life  the
applicant saved, and noting  the  criteria  for  the  DFC,  we  believe  the
applicant has  provided  sufficient  evidence  that  had  the  original  DFC
recommendation not been misplaced, competent authority would  have  approved
awarding  him  the  DFC  for  his  heroism  during  the   subject   mission.
Therefore, we recommend his records be corrected  to  the  extent  indicated
below.

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 14 November 1952, he was  awarded
the Distinguished Flying Cross for heroism  while  participating  in  aerial
flight as an F-84 Pilot during the rescue of a downed pilot in  North  Korea
on 13 November 1952.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2009-
01041 in Executive Session on 16 April 2010, under the provisions of AFI 36-
2603:

            Vice Chair
            Member
            Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated3 Jan 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIDR, dated 11 May 09.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Jun 09.





                                   Vice Chair




AFBCMR BC-2009-01041




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, XXXXXXX, be corrected to show that on 14 November
1952, he was awarded the Distinguished Flying Cross for heroism while
participating in aerial flight as an F-84 Pilot during the rescue of a
downed pilot in North Korea on 13 November 1952.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency