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 members
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 members accomplishments. If
someone has firsthand knowledge of the applicants
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 applicants 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 applicants
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
members 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
applicants 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 members 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 applicants 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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