RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00338
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be awarded the Distinguished Flying Cross (DFC) for
extraordinary achievement on 24 Mar 45 during World War II
(WWII).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The combat mission for which the DFC was to be awarded occurred
37 days before the end of the war in Europe. The original
recommendation for the DFC from the squadron commander was lost
when the unit was transferred at the end of the war.
Based on a letter of support from the applicants son, he
believes his father and the other members of the crew should be
recognized by awarding them the DFC. The crew was instrumental
in earning the Presidential Unit Citation for the 483rd
Bombardment Group (483BG); however, the squadron commander's
staff failed to process and forward his, and the entire Big
Yank bomber crews recommendation for their achievements during
the 24 Mar 45 mission.
In support of his appeal, the applicant provides a statement
from his son; a copy of his WD-AGO 53-98, Military Record and
Report of Separation, issued in conjunction with his 1 Mar 46
release from active duty and other supporting documents.
The applicants 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, as an armorer and
gunner. He completed combat missions and participated in the
N. Appennines, Central Europe, Po Valley and Rhineland
campaigns. His WD AGO Form 53-98, reflects that he was credited
with 6 months of continental service and 8 months and 17 days of
foreign service. Subsequently, the applicant was transferred to
the Retired Reserve awaiting pay at age 60, effective 1 Dec 68.
Through a Congressional Inquiry in 1996, the applicant requested
award of the DFC. On 23 Aug 96, the Secretary of the Air Force
Personnel Council (SAFPC) denied the applicants request for the
DFC and downgraded it to an Air Medal (AM). The applicants
record was administratively corrected to reflect award of the
AM, with Two Oak Leaf Clusters (AM, w/2OLCs).
The DFC was established by Congress on 2 July 1926 and is
awarded for heroism or extraordinary achievement while
participating in aerial flight.
The AM is awarded for heroic or meritorious achievement while
participating in aerial flight.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial, stating, in part, no new evidence
was presented to warrant reconsideration of the applicants AM,
w/2OLCS for upgrade to the DFC.
In conjunction with his application to the Board, the applicant
submitted a copy of the supporting documents to his Member of
Congress. In DPSIDRs response to the congressional inquiry, on
15 Jan 10, they noted, the applicant was advised approval of
the DFC (for the mission on 24 Mar 45 that he received the AM,
w/2OLCs) would constitute dual recognition. Although it did
not appear the applicant was requesting the AM be upgraded to
the DFC, he was informed that there was no additional
documentation which would constitute award of, consideration
for, or upgrade to the DFC.
The complete AFPC/DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 9 Apr 10 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 filed within three years after the
alleged error or injustice was discovered, or could have been
discovered, as required by Section 1552, Title 10, United States
Code (10 USC 1552), and Air Force Instruction 36-2603. Although
the applicant asserts a date of discovery which would, if
applicable, make the application timely, the essential facts
which give rise to the application were known to the applicant
long before the asserted date of discovery. Knowledge of those
facts constituted the date of discovery and the beginning of the
three-year period for filing. Thus, the application is
untimely.
3. Paragraph b of 10 USC 1552 permits us, in our discretion, to
excuse untimely filing in the interest of justice. We have
carefully reviewed applicant's submission and the entire record,
and we do not find a sufficient basis to excuse the untimely
filing of this application. The applicant has not shown a
plausible reason for delay in filing, and we are not persuaded
that the record raises issues of error or injustice that require
resolution on its merits. Accordingly, we conclude that it
would not be in the interest of justice to excuse the untimely
filing of the application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-00338 in Executive Session on 21 September 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 22 Mar 10.
Exhibit D. Letter, SAF/MRBR, dated 9 Apr 10.
Panel Chair
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