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AF | BCMR | CY2012 | BC-2012-02123
Original file (BC-2012-02123.txt) Auto-classification: Approved
 

 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02123 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He be awarded the Distinguished Flying Cross (DFC). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

The orders were requested; however, the person in charge was 
wounded and discharged before filing the recommendation for the 
DFC. 

 

His selfless and heroic actions, on 25 Feb 45, resulted in 
saving the lives of his crewmembers. A proposed citation 
indicates that during a bombing mission, he used his hands to 
stop a damaged pump from spraying fuel in the plane and was 
successful in isolating the pump and tank by closing the valve. 
His actions ensured mission success and enabled his crew to 
return safely to the base. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Army Air Force, who 
served on active duty from 18 Sep 42 through 4 Oct 45. On 
18 Dec 44, he was assigned to the 792nd Bomb Squadron, 
465th Bomber Group, 15th Air Force in Italy, as a B-24 gunner and 
participated in the Northern Appennines, Po Valley, Rhineland 
and Air Combat Balkans campaigns. 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial, noting that unfortunately the 
applicant’s recommendation package is incomplete as well as all 
administrative avenues has not been exhausted. While the 
applicant does have congressional support, we have previously 
advised the congressional office on the requirements/process of 
submitting a recommendation for consideration by the Secretary 
of the Air Force. 


 

The DFC is awarded to any officer or enlisted person of the 
Armed Forces of the United States who shall have distinguished 
her or 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 DPSIDR evaluation, with attachments, is at 
Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 26 Feb 13 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit C). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. We note the OPR advisory comments 
concerning the requirements of Title 10, United States Code, 
Section 1130 (10 U.S.C. § 1130), enacted as part of the Fiscal 
Year 1996 National Defense Authorization Act. However, we do 
not agree that such avenues must be first exhausted prior to 
seeking relief under the provisions of 10 U.S.C. § 1552. The 
relief offered under 10 U.S.C. § 1130 is a statutory remedy, not 
administrative relief. Therefore, principles of administrative 
law requiring exhaustion of administrative remedies are 
inapplicable here. Moreover, as previously noted by this Board 
in decisions concerning this issue, 10 U.S.C. § 1130 clearly 
states that, “Upon request of a member of Congress…the Secretary 
shall make a determination as to the merits of approving the 
award…” – however, it does not require that an applicant must do 
so prior to submitting a request under the provisions of 
10 U.S.C. § 1552. Finally, we find the OPR's interpretation of 
10 U.S.C. § 1130 contradicts the very intent of Congress in 
establishing service correction boards 65 years ago, i.e., to 
remove their required involvement and avoid the continued use of 
private relief bills, in order to effect such corrections to 
military records. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. We note the comments by the Air Force office 
of primary responsibility (OPR); nonetheless, the applicant has 
provided a statement from his former operations officer, 


responsible for awards, who corroborates his account of the 
events on 25 Feb 45 and the circumstances as to why the original 
proposal was submitted through official channels. Therefore, 
based on the evidence provided, we believe the applicant meets 
the criteria for award of the Distinguished Flying Cross for 
heroism on 25 Feb 45. In view of the above, we recommend his 
record be corrected as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that he was 
awarded the Distinguished Flying Cross for heroism, on 
25 Feb 45, while serving as a flight maintenance gunner on a B-
24 airplane over enemy occupied Continental Europe. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-02123 in Executive Session on 28 Mar 13, under 
the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 2 Apr 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIDR, dated 17 Aug 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 26 Feb 13. 

 

 

 

 

 Panel Chair 



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