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AF | BCMR | CY2010 | BC-2010-01543
Original file (BC-2010-01543.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01543 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The decedent be awarded the Distinguished Flying Cross (DFC). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her deceased father should be awarded the DFC for his 
extraordinary flying skills and courage displayed on 20 March 
1945 when, as pilot, he safely ditched a B-17 aircraft into 
Kvarner Bay saving the lives of all 10 crewmembers. 

 

In support of her request, the applicant provides letters of 
support and Congressional documentation. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The decedent was a former Air Corps member who served on active 
duty from 26 June 1942 through 24 March 1946, as a pilot. He 
served in the European Theater from 9 February 1945 to 14 May 
1945 while assigned to the 772nd Bomb Squadron, 463rd Bomb Group 
(Heavy) and participated in the Rhineland and North Apennines 
campaigns. 

 

In accordance with DoD 1348.33M, AP1.1.2.15 and AFI 36-2803, 
Table 2.1, the DFC may be awarded to any persons who, after 
16 April 1917, while serving in any capacity with the United 
States Armed Forces, distinguish themselves by heroism or 
extraordinary achievement while participating in aerial flight. 
Heroism or achievement must be entirely distinctive, involving 
operations that are not routine. The DFC is not awarded for 
sustained operational activities and flights. 

 

AFPC/DPSIDRA was able to verify the deceased service member’s 
entitlement to the Prisoner of War (POW) Medal and the European-
African-Middle Eastern Campaign Medal with two Bronze Service 
Stars (EAMECM w/2 BSS). His records will be updated accordingly. 


 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDRA recommends denial. DPSIDRA states that under the 
Fiscal Year 1996 National Defense Authorization Act (NDAA), 
Section 526, which was enacted into law on 10 February 1996, 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 member’s accomplishments. If 
someone has firsthand knowledge of the applicant’s 
accomplishments and 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. 

 

A recommendation has been provided; however, the recommendation 
was not signed nor was a proposed citation provided which are 
required in accordance with the 1996 NDAA Rules. In addition, 
DPSIDRA was unable to verify the person who wrote the 
recommendation as being in the applicant’s direct chain of 
command during the period of 20 March 1945. Although an 
eyewitness statement has been provided by a former resident of 
Fiume, Italy, it was not officially notarized verifying the 
authenticity of the signature and the statement. According to 
the unsigned recommendation and eyewitness statement, the B-
17 aircraft was hit with anti-aircraft artillery as it flew at a 
low altitude over the city of Fiume causing damage to three of 
the four engines. Conflicting documentation concerning the cause 
of the downed aircraft has been located within the applicant’s 
official military record. According to official documentation 
dated 5 April 1945, it was determined the probable cause of the 
downed aircraft was “loss of three engines due to pulling 
excessive power. About forty miles from the Adriatic coast, the 
pilot radioed in and said that they could clear the mountains and 
that they were going to try to ditch.” Letters to the service 
member’s family are consistent with the document dated 5 April 
1945. 

 

 

The DPSIDRA complete evaluation, with attachment, is at Exhibit 
C. 

 


_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 13 August 2010, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

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 an error or injustice. The 
applicant’s contentions are duly noted; however, after reviewing 
the evidence of record the majority of the Board agrees with the 
opinion and recommendation of the Air Force office of primary 
responsibility and adopts its rationale as the basis for our 
conclusion the applicant has not provided evidence showing the 
deceased service member’s entitlement to the DFC. The personal 
sacrifice the service member endured for our country is noted; 
however, insufficient evidence has been presented to warrant 
corrective action. However, other than the administrative 
corrections (EAMECM w/2BSS and the POW medal) to his records, the 
majority of the Board finds no basis to recommend granting the 
additional relief sought. 

 

_________________________________________________________________ 

 

RECOMMENDATION OF THE BOARD: 

 

The majority of the panel finds insufficient evidence of error or 
injustice and recommends the application be denied. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-01543 in Executive Session on 26 January 2011, 
under the provisions of AFI 36-2603: 

 

 

 

 

 

By a majority vote, the Board recommended denial of the 
application. voted to grant the applicant’s request and 


provided a minority report. The following documentary evidence 
pertaining to AFBCMR Docket Number BC-2010-01543 was considered: 

 

 Exhibit A. DD Form 149, dated 21 May 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Record. 

 Exhibit C. Letter, AFPC/DPSIDRA, dated 30 July 2010, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 13 August 2010. 

 Exhibit E. Minority Report, dated 15 March 2011, w/atch. 

 

 

 

 

 

 Panel Chair 

 

 

 



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