RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01403
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting that her late husbands
records be corrected to reflect award of:
1. The World War II Victory Medal (WIIVM), (Administratively
corrected by AFPC), and
2. The Distinguished Flying Cross (DFC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband told her that his records were destroyed by
fire and he never received the WWIIVM.
It is her desire to pass the medals on to her grandson.
In support of her request, the applicant provides copies of
extracts from her late husbands personnel records, a death
certificate, marriage license, death notice, and the book, A
WWII G.I. Remembers.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent enlisted in the Army Air Corps on 6 Apr 43 and was
honorably discharged on 8 Oct 45.
The DFC is awarded to any officer or enlisted person of the
Armed Forces of the United States who shall have distinguished
her/himself in actual combat in support of operations by heroism
or extraordinary achievement while participating in an aerial
flight, subsequent to November 11, 1918.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDRA recommends denial for award of the DFC.
However, they state they were able to verify the decedents
entitlement to the American Campaign Medal (ACM) and the WWIIVM
and the decedents records will be administratively corrected to
reflect these medals.
Under the Fiscal Year 1996 National Defense Authorization Act
(NDAA), Section 526, enacted into law on 10 Feb 96, the original
or reconstructed written award recommendation is required for
the recommended individual. The recommendation must be made by
someone, other than the member himself, preferably the commander
or supervisor at the time of the act of achievement, with
firsthand knowledge of the members accomplishments. If someone
has firsthand knowledge of the applicants achievements, he may
act as the recommending official. The recommendation must
include the name of the decoration (i.e., DFC), reason for
recognition (heroism, achievement, or meritorious service),
inclusive dates of the act, and a narrative description of the
act. The recommending official must sign the recommendation.
Also, a proposed citation is required and any chain of command
endorsements are encouraged. Any statements from fellow
comrades, eyewitness statements attesting to the act, sworn
affidavits, and other documentation substantiating the
recommendation should be included with the package. In
accordance with the 1996 NDAA rules, a recommendation made by
someone with firsthand knowledge, eyewitness statements, and a
proposed citation have not been provided by the applicant or
located within the applicants late husbands official military
records.
The complete HQ AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
She believes her late husband qualifies for the DFC under the
revised requirements and states she is unaware of any living
members from his crew.
The applicant's complete response, with attachments, is at
Exhibit E.
_________________________________________________________________
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 the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, 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-2010-01403 in Executive Session on 5 October 2010, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 18 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 10.
Exhibit E. Letter, Applicant, dated 3 Aug 10, w/atchs.
Panel Chair
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