RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-05501

								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

Her deceased father’s record be corrected to reflect he was 
awarded the Distinguished Flying Cross (DFC).

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APPLICANT CONTENDS THAT:

Her deceased father served in World War II as an Airborne Radio 
Gunner completing 50 combat missions and 27 combat missions in 
Korea as an Airborne Radio Operator.  He was awarded the Air 
Medal with 1 Silver Oak Leaf Cluster and 4 Bronze Oak Leaf 
Clusters, the Purple Heart and the Distinguished Unit Citation. 

In support of the appeal, the applicant provides the former 
member’s death certificate and documentation from his master 
personnel records.

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

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STATEMENT OF FACTS:

The decedent is a former member of the Air Force who served in 
the European Theater of Operation from May 1943 through November 
1943 as a member of 12th Air Force.  He completed 50 combat 
missions and participated in Rhineland Air Offensive Europe, 
Tunisia and Naples-Foggia.  He also completed 27 combat missions 
in Korea.  His enlisted record indicates he was awarded an Air 
Medal with nine Oak Leaf Clusters.  

The DFC was established by Congress on 2 July 1926 and is 
awarded for heroism or extraordinary achievement while 
participating in aerial flight.  The performance of the act of 
heroism must be evidenced by voluntary action above and beyond 
the call of duty.

During World War II, the 12th Air Force had an established policy 
whereby an AM was awarded upon the completion of tour of every 
5 missions, and the DFC was awarded upon the completion of every 
25 bomber missions.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  The Distinguished Flying Cross is 
awarded to any officer or enlisted person of the armed forces of 
the United States who distinguished themselves in actual combat 
in support of operations by heroism or extraordinary achievement 
while participating in aerial flight subsequent to “6 April 
1917”.  The performance of the act of heroism must have resulted 
in an accomplishment so exceptional and outstanding as to 
clearly set the individual apart from comrades or from other 
persons in similar circumstances.  Awards will be made only to 
recognize single acts of heroism or extraordinary achievement 
and will not be made in recognition of sustained operational 
activities against an armed enemy.  After a thorough review of 
the applicant’s record, his entitlement to the DFC could not be 
verified.

Retroactive recommendations for awards for retirees/veterans 
beyond the 2 year time limitation may be submitted in accordance 
with 10 U.S.C. 1130.  The law allows for the submission of award 
recommendations without regard to any previously imposed time 
constraints, if referred by a Member of Congress.  Under the 
provisions of this law, requests must be referred to the 
Secretary of the Air Force by a Member of Congress through the 
Secretary of the Air Force Liaison Office.  The burden and costs 
for researching and assembling documentation to support award 
recommendations rest with the requester.  In order for a request 
to be reasonably considered under the provisions of law, the 
member must submit a reconstructed recommendation of the award, 
a narrative citation of the action, eyewitness attesting to the 
acts of valor or service performed sworn affidavits, a signed 
recommendation and a list of potential sources of information to 
assists in creating a package for future consideration.

Should the Board determine all avenues of administrative relief 
have been exhausted; there is no provided official documentation 
verifying the decedent was recommended for and awarded the DFC.  
There is also no justification or supporting documentation that 
reflects the decedent was eligible for award of the DFC nor is 
there evidence of an error or injustice. 

The complete DPSID evaluation, with attachments, is at 
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 22 March 2013, for review and comment within 
30 days (Exhibit D).  As of this date, this office has received 
no response.

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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 injustice.  We took 
notice of the available evidence of record and 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 its rationale as the 
basis for our conclusion that the applicant has not been the 
victim of an error or injustice.  The personal sacrifice the 
applicant endured for our country is noted; however, 
insufficient evidence has been presented to warrant award of the 
Distinguished Flying Cross.  In the absence of evidence to the 
contrary, we find no basis to grant the relief sought in this 
application.

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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.

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The following members of the Board considered BCMR Docket Number 
BC-2012-05501 in Executive Session on 4 September 2013, under 
the provisions of AFI 36-2603:


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05501 was considered:

	Exhibit A.  DD Form 149, dated 16 Nov 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 19 Feb 13, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 22 Mar 13.