RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05128
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Distinguished Flying Cross (DFC).
APPLICANT CONTENDS THAT:
He was denied award of the DFC because there was never an official report made of his actions. On 20 May 44, while flying a mission over France during World War II, his aircraft was struck by anti-aircraft fire and one of his fellow crew members was hit in the right arm, severing an artery. His aircraft had to be abandoned. He applied a tourniquet to the crewmembers wound, stopped the bleeding, and assisted the wounded member with his parachute so he could open it with his good arm. Once on the ground, the two crewmembers were captured, but he continued to administer assistance to the wounded crewmember throughout the ordeal, to include many months in Prisoner of War (POW) camps. The wounded crewmember survived the war. Had he not taken care of the wounded crewmember, the crewmember would have died.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Army Air Corps on 28 Apr 43.
On 5 Oct 45, the applicant was furnished an honorable discharge, and was credited with 2 years, 5 months, and 7 days of active service.
On 28 Feb 14, AFPC/DPSIDR directed that the applicants WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected to add the following:
a. Prisoner of War Medal (PWM).
b. American Campaign Medal (ACM).
c. World War II Victory Medal (WWIIVM).
On 24 Mar 14, SAF/MRBP directed the applicants WD AGO Form 53-55, be corrected to add four Oak Leaf Clusters (OLC) to his existing Air Medal (AM w/4OLC).
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D and E.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The DFC may be awarded to any person, who, after 6 Apr 17, while serving in any capacity with the United States Armed Forces, distinguished themselves by 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. The extraordinary achievement 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. The applicants official military record does not contain a DFC, a Special Order for a DFC or any official documentation verifying the applicant received the DFC, nor did the applicant submit such documentation. The applicant is requesting award of the DFC for taking care of an injured crewmember. The DFC is awarded for heroism in flight, not a lifesaving event such as the one the applicant describes.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
AFHRA/RSA recommends denial indicating there is no evidence of an error or an injustice. The applicant provided no documentation for the requested award or any submission for the award by his unit, peers, or superior officers, nor did he provide any corroborating evidence from the individual to whom he provided medical assistance. The basis for the criteria for the DFC, and the act the DFC is meant to recognize, must take place during aerial flight. The applicants narrative of his exploits mostly takes place on the ground. The only act that he relates that took place in the air was his administering first aid to a wounded crewmember. Every crewmember received first aid training, and administering first aid was considered part of the duties of an aircrew member.
A complete copy of the AFHRA/RSA evaluation, with attachment, is at Exhibit D.
SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice. After review of the applicants official record, supporting documentation, and the DFC criteria, SAF/MRBP agrees with AFPC/DPSID and AFHRA/RSA that the applicant does not merit award of the DFC. In addition, the applicants status as a POW should be verified prior to awarding the PWM.
A complete copy of the SAF/MRBP evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 31 Mar 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F).
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code (U.S.C.), §1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.
The following members of the Board considered AFBCMR Docket Number BC-2013-05128 in Executive Session on 14 Oct 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 28 Feb 14.
Exhibit D. Letter, AFHRA/RSA, dated 6 Mar 14, w/atch.
Exhibit E. Letter, SAF/MRBP, dated 24 Mar 14, w/atch.
Exhibit F. Letter, SAF/MRBR, dated 31 Mar 14.
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