RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2010-01224
                                             INDEX CODE:  100.00
      XXXX                              COUNSEL:  NONE

                                             HEARING DESIRED:  YES


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was originally recommended for award of the DFC for  his  actions  on  16
February 1945; however, he was shot down nine days later and interned  as  a
Prisoner-of-War (POW) until May 1945.

On the date in question, while  serving  as  a  First  Pilot  on  a  bombing
mission  against  the  Obertraubling  Airdrome,  Regensburg,  Germany,   his
aircraft experienced a burst of flak which caused the  propeller  of  engine
number three to become uncontrollable and resulted in  a  fire  near  engine
number four while on the final bomb run.  Despite this, he continued on  the
bomb run and released his bombs, with considerable accuracy.

In support of his  appeal,  the  applicant  submits  copies  of  his  flight
records, the original DFC recommendation, a statement from  his  Senator,  a
proposed citation, a 1965 statement  from  the  former  group  commander,  a
statement from a fellow pilot involved in the mission, and a statement  from
his former squadron commander.

The former squadron commander states that three days after  the  mission  he
drafted  a  proposed  DFC  citation  to  recognize  the  applicant  for  his
extraordinary achievement  during  the  mission;  however,  he  relinquished
command and transferred command to a new  duty  station  shortly  after  the
mission.

In his 1965 statement, the former group commander indicates that in view  of
the number of missions that he had flown and the  information  contained  in
the copy of the citation  which  he  provided,  he  would  have  approved  a
recommendation for the DFC for his achievement during the 16  February  1945
mission.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a retired Regular  Air  Force  colonel,  who  is  a  former
member of the Army  Air  Corps,  who  served  in  the  European  Theatre  of
Operation from 22 April 1944 to 15 August 1945, as a B-24 pilot assigned  to
the 759th Bombardment  Squadron,  459th  Bombardment  Group,  Fifteenth  Air
Force.  During this period, he completed a  total  of  21  combat  missions,
totaling 240 combat hours, participating in the  Europe  Air  Combat,  North
Appennies, Po Valley, and Rome-Arno campaigns.  He  was  awarded  three  Air
Medals  for  sustained  operational  activities  against  the   enemy.    In
addition, he was also awarded  the  Purple  Heart  for  wounds  received  in
action against the enemy on 28 February 1945.

The DFC was established by Congress  on  2 July  1926  and  is  awarded  for
heroism or extraordinary achievement while participating in  aerial  flight.


The Air Force  Decoration  Board,  Secretary  of  the  Air  Force  Personnel
Counsel, received a similar request under the provisions of Section 526,  of
the Fiscal Year 1996 National Defense Authorization  Act  (NDAA)  and  would
not consider the request, as there was no  approval  of  the  recommendation
from someone in the applicant’s chain of command.

________________________________________________________________

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  warranting  award  of  the  DFC.   In  this
respect, we note the evidence of record and the  documentation  provided  in
support of this appeal indicates the applicant  was  originally  recommended
for award of the DFC for his actions on 16 February 1945  three  days  after
the mission; however, he was shot down nine days later  and  interned  as  a
Prisoner-of-War (POW) until May 1945.  Moreover, shortly after  the  mission
the recommending official (squadron  commander),  relinquished  command  and
transferred to a new duty station.  In  1965,  the  former  group  commander
reviewed a copy of the original 1945 recommendation  package  and  indicated
that  he  would  have  approved  the  recommendation  for  the   applicant’s
achievement during the 16 February 1945 mission as a first  pilot,  in  view
of the number of missions he flew  and  the  information  contained  in  the
proposed citation.  While there is no evidence to indicate that  during  the
period in question, the Fifteenth Air Force awarded the  DFC  for  sustained
operational activities, i.e., number of missions  completed,  as  did  other
numbered Air Forces, in view of the 1965 statement  from  the  former  group
commander, we  find  the  applicant  has  met  his  burden  of  proving  the
recommendation was approved by someone in his  chain-of-command.   While  we
are unable to determine what previous action was taken in response  to  this
statement in 1965, we find no basis to question the decision of  his  former
group commander as to the appropriate level of recognition for  his  actions
on 16 February 1945.  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  he  was  awarded  the  Distinguished
Flying Cross for extraordinary achievement on 16 February  1945,  in  aerial
flight as a pilot of a B-24 aircraft in the European Theater of Operations.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2010-01224
in Executive Session on 27 May 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, dated 19 Mar 10, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.






                                  Vice Chair

AFBCMR BC-2010-01224




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 XXXXXX, be corrected to show that he was awarded the
Distinguished Flying Cross for extraordinary achievement on 16 February
1945, in aerial flight as a pilot of a B-24 aircraft in the European
Theater of Operations.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency