RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03392
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Distinguished Flying Cross (DFC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was promised and received the Air Medal, one oak leaf cluster,
after completing 750 flying hours. He was promised the DFC after
completing 500 flying hours; however, he did not receive it. He
had 59 round trips (approximately 600 hours) flying over the
Hump. Other members of the Hump Pilot Association have
received the DFC as promised. After being injured in
September 1945, he did not return to his living quarters or have
an opportunity to talk with his commanding officer (CO). He does
not know why he was missed for the medal.
In support of his appeal, the applicant provides copies of a
personal letter, his Honorable Discharge Certificate, A.G.O. Form
53-55, Enlisted Record and Report of Separation Honorable; and
special order Number 201, Awards of the Distinguished Flying
Cross.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by fire
in 1973 at the National Personnel Record Center (NPRC) in St.
Louis, Missouri. The available records provided by the applicant
indicate the following.
On 1 August 1943, the applicant enlisted in Army Air Corps and
served as a Radio Operator. On 15 February 1946, he was honorably
discharged after completing two years and seven months of total
active duty. His Enlisted Record and Report of Separation
document reflects he was awarded the Good Conduct Medal, and Air
Medal with one Oak Leaf Cluster and the European-African-Middle
Eastern Campaign Medal, with two Bronze Stars and the Victory
Medal.
The DFC was established by Congress on 2 July 1926 and 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states the applicant has
not submitted sufficient documentation for award of the DFC.
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. In addition, 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.
The complete DPSIDRA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 December 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days.
To date, a response has not been received (Exhibit C).
_________________________________________________________________
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 and the supporting statement we agree with
the opinion and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis for
our conclusion the applicant has not provided evidence showing
his entitlement to the DFC. The Board would like to point out
that the requirements for award of the DFC in accordance with the
1996 NDAA Rules include that a recommendation be made by someone
with firsthand knowledge within the applicants chain of command,
certified eyewitness statement(s), and a proposed citation. The
personal sacrifice the applicant endured for our country is
noted; however, insufficient evidence has been presented to
warrant corrective action. Therefore, we find no basis to
recommend granting the relief sought.
4. The applicants 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2010-03392 in Executive Session on 21 June 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-03392 was considered:
Exhibit A. DD Form 149, dated 13 Sep 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIDRA, dated 1 Dec 10.
Exhibit C. Letter, SAF/MRBR, dated 17 Dec 10.
Panel Chair
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