RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02645
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her fathers records be corrected to reflect he was awarded the
Distinguished Flying Cross (DFC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The daughter of the former member states that two members of her
fathers flight crew have been awarded the DFC years after
separating from the Air Force.
In support of her request, the applicant thru her Congressman
provides copies of her fathers WD AGO Form 53-55, Enlisted
Record and Report of Separation Honorable Discharge; a honorable
discharge certificate, a commendation letter, letters from a
member of Congress and the Senate, a newspaper article, a privacy
release form, and a letter from the family physician.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants military records were destroyed in the 1973 fire
at the National Personnel Records Center; therefore, only a
limited record exists.
The available records reflect he served on active duty in the
Army Air Corps from 4 Oct 43 to 28 Oct 45, and served in the
European Theater from 14 Aug 44 to 16 Apr 45. At the time of his
separation, his records reflect he was serving as an aerial
gunner.
The DFC was established by Congress on 2 Jul 26 and is awarded
for heroism or extraordinary achievement while participating in
aerial flight.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained in
the letter prepared by the appropriate office of the Air Force at
Exhibit B.
DPSIDRA has verified the applicants entitlement to the World War
II Victory Medal (WWIIVM) and will administratively correct his
record to reflect this award.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states the next of kin
(NOK) has not provided a recommendation from someone within the
applicants chain of command who has firsthand knowledge of the
incident, a proposed citation, chain of command endorsement(s),
or eyewitness statement(s). Furthermore, there is no date or
specific act/achievement for which the NOK is requesting the DFC
for.
DPSIDRA states the newspaper story the NOK provided shows that a
World War II pilot received award of the DFC 55 years after the
fact; however, the story states the decoration elements
(certificate, citation, and special order) were located within
that service members official military record. The elements
were apparently placed in that service members record but he was
unaware the decoration was awarded to him; it was not a new
entitlement recently approved.
The DFC may be awarded to any person who, after 6 Apr 17, while
serving in any capacity with the US Armed Forces, distinguished
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.
The timeline for submitting decorations to include the DFC is two
years from the date of the act or achievement. However, under
the Fiscal Year 1996 National Defense Authorization Act (NDAA),
(Section 526), which was enacted into law on 10 Feb 96, this
timeline has now been waived.
Before a request for an award can be considered, certain
processing procedures must be followed. The recommendation must
be made by someone, other than the member himself, preferably the
commander or supervisor at the time of the act or achievement,
with firsthand knowledge of members accomplishments. The
applicant cannot recommend himself for award of the DFC. If
someone has firsthand knowledge of the applicants
accomplishments and achievements, she may act as the recommending
official. The recommendation must include the name of the
decoration (i.e. DFC), 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 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 30 Sep 11, 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 error or injustice. After thoroughly
reviewing the evidence of record and noting the applicants
contentions, we are not persuaded the records should be corrected
to reflect award of the DFC. While we recognize the members
extraordinary accomplishments in the defense of our Nation during
wartime, we note there is no official documentation to indicate he
was recommended for the DFC by anyone in his chain of command.
Therefore, entitlement to the DFC cannot be verified. We note the
news article provided as evidence that two members of her fathers
crew have been awarded the DFC years after the fact. However,
having no evidence to connect her father and the two service
members mentioned in the news article, we are not inclined to
recommend approval of the DFC. Should the applicant obtain
evidence that could substantiate her father was also a part of the
same crew, we would reconsider her request. The personal
sacrifice the member endured for his country is noted, and our
recommendation to deny the requested relief in no way diminishes
the high regard we have for his service; however, based on the
totality of the evidence presented, we are not persuaded the
applicant has met her burden of establishing an error or injustice
has occurred. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice. Aside
from the administrative correction pertaining to his entitlement
to the WWIIVM, we find no basis to recommend granting further
relief in this case.
_________________________________________________________________
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 Docket Number
BC-2011-02645 in Executive Session on 5 Jan 12, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-02645 was considered:
Exhibit A. DD Form 149, dated 11 Jul 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIDRA, dated 9 Sep 11.
Exhibit C. Letter, SAF/MRBR, dated 30 Sep 11.
Chair
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