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AF | BCMR | CY2010 | BC-2010-03602
Original file (BC-2010-03602.txt) Auto-classification: Denied
 

 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03602 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He be entitled to award of the Distinguished Flying Cross (DFC) 
for his actions of 10 May 1944. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He should have been awarded the DFC for actions performed prior 
to being shot down on 10 May 1944. He was injured, hospitalized 
and taken to a Prisoner of War (POW) camp. After escaping from 
the POW camp, he eventually made it back to friendly lines; was 
returned to the United States and discharged. He was aware of 
the submission for the award after he had three confirmed kills; 
before his B-17 aircraft was shot down. However, he believes 
that after being shot down, eyewitness accounts provided 
sufficient evidence that they were killed in action (KIA) and 
all of the non-essential records at the base were destroyed, and 
no further action was taken on the submission for award of the 
DFC. 

 

In support of his appeal, the applicant provides a copy of his 
WD AGO Form 53-55, Enlisted Record and Report of Separation, 
issued in conjunction with his 27 Oct 45 discharge; a copy of 
his honorable discharge certificate; a copy of his Missing Air 
Crew Report (MACR); letters of support, and other supporting 
documents. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty, on 15 Mar 43, in the Army Air 
Force and had continuous service until his 27 Oct 45 discharge. 

 

He was progressively promoted to the grade of staff sergeant 
(SSgt) and was credited with one year, three months, and eight 


days of continental service, and one year, four months, and five 
days of foreign service. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial, stating, in part, after a 
thorough review of the applicant’s military personnel record, 
they were unable to locate a special order or any other 
documentation verifying the applicant’s award of the DFC. 

 

The DFC, authorized by an Act of Congress on 2 July 1926, 
amended by Executive Order 7786 on 8 January 1938, 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 
11 November 1918. 

 

The complete AFPC/DPSIDR evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant reiterated his original contention and believes he 
has submitted enough evidence to substantiate his claim. He 
notes being the recipient of the Purple Heart (PH) Medal and the 
POW recognition medal, through previous board actions. 

 

In support of his appeal, the applicant provides a personal 
statement; an account of his actions on 10 May 44; a copy of 
newspaper articles and other supporting documents. 

 

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 
their rationale as the basis for our conclusion that the 


applicant has not been the victim of an error or injustice. The 
acts of heroism and personal sacrifice the applicant endured for 
our nation is noted; however, based on our review of the 
evidence of record and the documentation submitted in support of 
the appeal, we do not find it sufficient to recommend award of 
the DFC. Therefore, we find no basis to recommend granting the 
relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2010-03602 in Executive Session on 14 July 2011, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 13 Dec 10. 

 Exhibit D. Letter, SAF/MRBR, dated 7 Jan 11. 

 Exhibit E. Letter, Applicant, dated 19 Jan 11, w/atchs. 

 

 

 

 

 Panel Chair 

 

 



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