RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-01060

  							COUNSEL:  NONE

 							HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

Her late husband be entitled to the following awards:

		1.  The Distinguished Flying Cross (DFC).

		2.  The Bronze Star Medal, with One Bronze Oak Leaf 
Cluster (BSM, w/1BOLC).


APPLICANT CONTENDS THAT:

The deceased former service member was under the impression that 
he had earned the DFC and two BSMs.  The applicant believes the 
changes to air flight names could have caused the awarding of 
these medals to have fallen through the cracks.

The Board should find it in the interest of justice to consider 
this untimely application because she and the decedent thought the 
missing awards would be forthcoming.

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


STATEMENT OF FACTS:

Based on the available evidence of record, the former service 
member initially entered Extended Active Duty (EAD) in the Regular 
Air Force on 19 Feb 51, in the grade of captain.

On 3 Sep 53, he was released from active duty and was transferred 
back to the New York Air National Guard (NY ANG).  He was credited 
with 2 years, 6 months, and 15 days of active service, with 12 
years, 11 months and 13 days of service for basic pay.   

On 10 May 62, the former service member was appointed/promoted to 
the grade of lieutenant colonel with the same effective date and 
Date of Rank (DOR).

On 2 Dec 66, the former service member was transferred from the NY 
ANG to the Air Force Reserve.  On 3 Dec 66, he was transferred to 
the USAF Reserve Retired List awaiting pay at age 60.  

Based on information provided by the applicant, the former 
military member died on 14 Apr 01.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial for award of the DFC and the BSM, 
w/1BOLC indicating there is no evidence of an error or an 
injustice.  

DPSID notes that after a thorough review of the decedent's 
official military personnel record, they were unable to verify 
award of the DFC and the BSM, w/1BOLC.

There is no official documentation in the decedent's record, nor 
did the next of kin provide any with this request, to verify the 
decedent was recommended for or awarded the DFC or the BSM, 
w/1BOLC.  The next of kin did not provide a proposed citation, 
inclusive period of the act/achievement, recommendation from 
someone, preferable who has firsthand knowledge of the applicant's 
act/achievement, or eyewitness statements.  To grant relief would 
be contrary to the criteria established by DoDM 1348.33, Secretary 
of the Air Force, Chief of Staff, and/or the War Department.

The DFC may be awarded to any persons who, after 6 Apr 17, while 
serving in any capacity with the United States Armed Forces, 
distinguish 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 BSM is awarded to any person who, while serving in any 
capacity in or with the Anny, Navy, Marine Corps, Air Force, or 
Coast Guard of the United States, after 6 Dec 41, who 
distinguishes, or has distinguished, himself or herself by heroic 
(valorous), or meritorious achievement or service, not involving 
participation in aerial flight, under any of the following 
circumstances: while engaged in action against an enemy of the 
United States; while engaged in military operations involving 
conflict with an opposing foreign force, or while serving with 
friendly foreign forces engaged in an armed conflict against an 
opposing armed force in which the United States is not a 
belligerent party.  The BSM is awarded for valor in combat to a 
lesser degree than required for the award of the Silver Star and 
awarded for meritorious achievement or service during armed 
conflicts that are of a lesser degree than that required for award 
of the Legion of Merit.

The complete DPSID evaluation is at Exhibit C.

The AFHRA/RS recommends denial.  AFHRA notes that no documentation 
was provided to allow extensive historical research for this case.  
The only documentation provided was the decedent's personnel file, 
with no World War II combat information (only medical records).  
The reconstructed personnel file provided by the U.S. Army notes 
the award of an Air Medal with two Oak Leaf Clusters and it is 
suspected that the decedent may have either confused his award of 
the Air Medal with two Oak Leaf Clusters, or, his European-
African-Middle Eastern Campaign Medal with three Bronze Stars with 
the request for the Distinguished Flying Cross with two Oak Leaf 
Clusters (or two Bronze Stars as it states in the original 
request).  Therefore, this researcher contacted the applicant 
directly and found that the decedent was assigned to the 702nd 
Bombardment Squadron, 445th Bombardment Group and flew combat from 
27 Nov 44 through 18 Apr 45.  Unfortunately, after a thorough 
search of the relevant official unit histories, no award 
information was found relevant to this case.

The complete AFHRA/RS evaluation is at Exhibit D.

The Secretary of the Air Force Personnel Council (SAFPC) 
recommends denial.  The SAFPC Director reviewed the decedent’s 
records, supporting documents, as well as the recommendations from 
DPSIDR and AFHRA/RS, regarding the next-of-kin request for 
posthumous award of the Distinguished Flying Cross (DFC) with two 
bronze stars.  SAFPC concurs with the recommendations from DPSIDR 
and AFHRA/RS to disapprove the request.  There is no award 
information that supports the request for the DFC.  Should the 
next-of-kin locate documentation, SAFPC can review any additional 
information to support the award request at that time.

The complete SAFPC evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation(s) were forwarded to the 
applicant on 23 Jul 15 for review and comment within 30 days 
(Exhibit F).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
The applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, United 
States Code, Section 1552 and Air Force Instruction    36-2603.  
The 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 applicant’s 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-2014-01060 in Executive Session on 27 Aug 15 under the 
provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Mar 14, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 7 Jul 14.
	Exhibit D.  Letter, AFHRA/RS, dated 15 Jun 15.
      Exhibit E.  Letter, SAF/MRBP, undated.
      Exhibit F.  Letter, SAF/MRBR, dated 23 Jul 15.