AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00575
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that:
1. He was awarded the Purple Heart (PH) medal and the
Distinguished Flying Cross (DFC).
2. His record be corrected to reflect that he flew 30 combat
missions, instead of 29 missions. By amendment, dated 27 Jul 12,
he requests his record be corrected to reflect he was credited
with 32 combat missions and 260 combat flying hours.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He is entitled to the PH Medal due the injury he incurred on
his third combat mission in accordance with the criteria in
effect at the time, Army Regulation (AR) 600-45.
2. He flew 30 combat missions. Air crews who flew 30 or more
combat missions met the requirement for award of the DFC. His
wing commander said “Fly 30 sorties and receive a Distinguished
Flying Cross.”
In support of his request, the applicant provides an expanded
statement, a copy of his Individual Record-Combat Crew Members
flight record, an excerpt of Army Regulation (AR) 600-45, and
copies of documents related to his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served as a B-29 gunner from 12 Jan 51 to
26 Oct 53.
The applicant has previously submitted several appeals for award
of the Purple Heart (PH) Medal under AFBCMR Docket Number BC-
2001-01784. His appeals were considered and denied by the Board.
For an accounting of the facts and circumstances surrounding the
previous submissions and the rationale of the earlier decisions
by the Board, see Exhibit B.
The Individual Record-Combat Crew Members flight record he
provided reflects he flew in 29 missions from 4 Jul 52 to
3 Dec 52.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
SAF/MRBP recommends denial of the applicant’s request for award
of the DFC, noting the documentation provided by the applicant is
not verifiable. The policy in effect at the time in question
reflects that a member may be recommended for award of the DFC
after completion of 35 combat missions and each recommendation
will be substantiated by direct reference to a specific sortie,
the accomplishment of which beyond doubt fulfills the desired
extraordinary meritorious achievement. In addition, the criteria
for the AM was completion of 10 combat missions against the enemy
and 20 combat missions for subsequent awards of the Air Medal.
Based on criteria at the time in question the applicant was
appropriately awarded the AM for his 29 missions.
The complete SAF/MRBP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 July 12, the applicant responded by amending his requests
as indicated above. He further responded on 23 Aug 12 indicating
that all of the gunners should be sent a Purple Heart as they
were all blinded. He states it took 20 years for his cataracts
to manifest.
_________________________________________________________________
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 regarding
the applicant’s request for award of the DFC. We took notice of
the applicant's complete submission in judging the merits of the
2
case; however, 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 with respect to his
request for the DFC. As for his request related to the PH Medal,
we note this Board has previously considered and denied the
applicant’s request for the PH Medal. As the applicant has been
previously advised, reconsideration is provided only where newly
discovered relevant evidence if presented which was not available
when the application was submitted. Further, the reiteration of
facts we have previously addressed, uncorroborated personal
observations, or additional arguments on the evidence of record
are not adequate grounds for reopening a case. Therefore, in
view of the fact the applicant has not provided any new and/or
relevant evidence in support of his request for the PH Medal, we
find that his request does not meet the criteria for
reconsideration. While we are not unmindful or unappreciative of
the applicant’s service to his Nation, in the absence of evidence
to the contrary, 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 this application in
Executive Session on 4 Dec 12, under the provisions of AFI
36-2603:
Panel Chair
Member
Member
3
Exhibit A. DD Form 149, dated 24 Mar 12, w/atchs.
Exhibit B. Applicant’s Military Personnel Records.
Exhibit C. Letter, SAF/MRBP, dated 16 Feb 12.
Exhibit D. Letter, AFBCMR, dated 2 Mar 12, w/atch.
Exhibit E. Letter, Applicant, dated 27 Jul 12.
Exhibit F. Letter, Applicant, dated 23 Aug 12.
The following documentary evidence was considered AFBCMR Docket
Number BC-2012-00575:
Panel Chair
4
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