RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2010-03620
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Distinguished Flying Cross (DFC) or appropriate
Air Force decoration for his act of valor he performed while
serving as a turret gunner and aerial engineer aboard a B-17
bomber during World War II (WWII).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While on a bombing mission in mid-June 1943, he saved his
aircraft and crew by manually releasing a bomb he found lying on
the bomb bay doors that had fallen off the rack and dislodged
from a safety device. The incident was either not reported or
not recognized at the time; however, after reading of similar
incidents wherein individuals were awarded medals for saving
their plane and crew by releasing hung, lodged, and/or fused
bombs, his family convinced him to pursue correction of his
records based on an injustice.
In support of his appeal, the applicant provides a personal
statement and copies of a witness statement; discharge document;
pictures of his aircraft and crew; list of missions; letters to
congressional members; and articles of two other service members
who received medals for similar actions.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Army Air Corps who served
on active duty from 16 November 1941 to 26 May 1945.
The applicants records are believed to have been destroyed by
the 1973 fire at the National Personnel Records Center in St.
Louis, Missouri; therefore, the available facts are extracted
from the limited service records provided by the applicant.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states due to the lack of
sufficient documentation and information per the 1966 National
Defense Authorization Act (NDAA), they must recommend disapproval
of the applicants request.
DPSIDR indicates that any recommendation for decorations is
submitted on an individual basis and is a voluntary act on the
part of the recommending official. Under the 1996 NDAA, veterans
may be recommended for a decoration by complying with the
following procedures; however, the written decoration
recommendation must meet two criteria: 1) be made by someone,
other than the member himself, in the chain of command at the
time of the incident, and who has firsthand knowledge of the acts
or achievement; 2) be submitted through a congressional member
who can ask a military service to review a proposal for a
decoration based on the merits of the proposal and the award
criteria in existence when the event occurred. In addition, the
recommendation must include the name of the decoration, reason
for the 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 (at the time of the act or service)
are required. Any statements from fellow comrades, eyewitness
statements attesting to the act, sworn affidavits, and other
documentation substantiating the recommendation should be
included in the package.
The complete DPSIDRA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to the Air Force advisory opinion, the applicant
submits statements from two members of his chain of command and a
list of crew members.
The applicants complete response, with attachments, is at Exhibit
D.
_________________________________________________________________
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 an injustice. The
applicant asserts that his action during a bombing mission in
1943 deserves recognition by award of an appropriate Air Force
decoration. In support of his appeal, the applicant provides
accounts of others being recognized for similar events. He also
provides statements from two officers that state they were in his
chain of command at the time and one of the officers recommends
the applicant for award of the DFC. After considering the
complete evidence of record, to include the applicants
submission, we find it insufficient to conclude that the failure
to recognize the applicants actions in 1943 by award of a
decoration makes him the victim of error or injustice. In coming
to our decision, we note that although he has provided letters
from officers that state they were in his chain of command,
neither the applicant or these officers have offered any
explanation of why the applicant was not recognized at the time
of his actions. It is also not clear from the evidence if either
of these officers bore the responsibility of recommending the
applicant for recognition at the time or if the authority and
responsibility rested with others in the unit to which the
applicant was assigned. While we do not question that the
applicants actions as recounted rise to a level that could
justify a decoration, the bigger question for this board is
whether the lack of recognition for the applicants actions give
rise to an error or injustice. Regrettably, we cannot conclude,
based on the evidence that it does. Although there may have
been others decorated for actions similar to the applicants,
there are simply too many missing facts to use this as a basis
for similarly recognizing the applicant. The personal sacrifice
the applicant endured for our country is noted; however, based on
the evidence before us, we must recommend that the requested
relief be denied.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2010-03620 in Executive Session on 28 June 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-03620:
Exhibit A. DD Forms 149, dated 25 Sep 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIDR, dated 30 Nov 10.
Exhibit C. Letter, SAF/MRBR, dated 10 Dec 10.
Exhibit D. Letter, Applicant, dated 7 Jan 11, w/atchs.
Panel Chair
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