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AF | BCMR | CY1998 | 9703117
Original file (9703117.pdf) Auto-classification: Denied
AIR  FORCE BOARD FOR  CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IK THE MATTE2 OF: 

DOCKET NUMBER:  97-03117 

C3UNSEL:  None 

HEARING DESIRED:  No 

APPLICANT REQUESTS THAT: 

He be awarded the third oak leaf cluster  (30LC) to the Air Medal. 

APPLICANT CONTENDS THAT: 

He  was  eligible  for  the  30LC  but  did  not  receive  it.  The  22 
combat missions  he  flew qualified  k i n   f o r   the award  of 
to the Air  Medal.  The  group p e r s o m e 1  section  of  the 
p  failed to submit the proper  recommendation  tc  Hea 
Air  Division  f o r   a  30LC  to the  Air  Medal  for him.  He  asked 
about the omission whlie stili assigned to the  94t” Bomb  Group-in 
JGn  45  but  was  :old  ~y  responsible  personnel  that, a l t h o q h  he 
was properly entitled to a  30LC, there was not sufficient time at 
that  date  to  have  the  recommenaation  processed  by  higher 
headquarters  because  he  was  then  on  a  list  of  personnel  to  be 
rotated  b a c k   to  the  United  States. 
After  his  return  tc  the 
United  States, he  inquired  about  a  request  for the  30LC ana was 
promptly  informed  t h a t   the Replacement  Depot had no authority  to 
initiate  such  a  request  and  since  he  was  being  processed  f o r  
release  from active  duty, there  was  no way  such a  request  could 
be considered. 

In  support  of  his  appeal,  the  applicant  provided  a  personal 
statement-,  copies  of  his  enlistnent  and  discharge  records,  and 
copies of his  flight records. 

Applicant’s  complete submission 1s attached at  Exnibit A. 

STATEMENT’  OF FACTS : 

AFRCMR 97-03 1 I7 

Operations  ( E T O )   Ribbons  with  4  Bazzle  Stars, 2 Overseas  Service 
E a r s ,   and American Theater Ribbon. 

3r.  19 Jan  46,  the  applicant  was  released  from  the  Air  Corps  in 
the grade of major.  He was  credited with  3 years ana 17 days of 
active service and 1 year and 21 days of foreign service. 

On  23 Feb  51,  the  applicant  was  recalled  from  inactive  duty  to 
the Guard  (Selected Reserve) in the grade of lieutenant colonel. 

On 27 Apr 52, the applicant was honorably discharged  from the Air 
Force Air  National Guard  (ANG) ilnder  the provisions  of AFR  36-22 
(Release From  Active  Duty)  in  the  grade  of  lieutenant-  colonel. 
He  was  awarded  the Armed  Forces  Reserve Medal.  He  was  (credited 
with  11 years of active service. 

AIR  FORCE EVALUATION: 

The  Recognition  Programs  Brazch,  AFPC/DPPPRA,  reviewed  t h i s  
application and  indicated  that  the  applicant  d i d   not provide  a n y  
documentation  to  show  that  he  was  recommended  in  writlng  w i t h i r ,  
two years of the service performe2 s,r  that the recolmendatlcrL was 
He  indicated  that  ne  made 
submitted  into  official  channels. 
verbal  inquiries  on  two  occaxons  m t  never  subrnlttec  a  written 
request  for  consideratlon of  t h e   aaditlonal  decoratlcn.  He  has 
provided  no  documentatlon  tc  show  that  he  wer-t  througn 
administrative  channels  at  a n y   time  to  inquire  as  tc  h l s  
eligibility/entitlement  to  tk-e 30LT  to  the  Air  Medai.  3ecaise 
the  applicant  has  waited  over  51  years  without  making  a  w r ~ t e 1 - 1  
inquiry  regarding  the  status  of  t h i s   decoration,  there  are  no 
longer  any  records  or  personnel  wc?e  were  involved  a v z i l a c l c ,   f o r  
review or inquiry.  In fact, the  :rzt(s)  and  chain  of  cornmana  no 
longer exist.  It  is no  longer  possible  to ascertain  whether  or 
not  the  applicant  was  eligible  for  an  additional  decoratiorA for 
aerial achievements.  DPPPRA recornrends denial af the 3ppl;cant's 
request 

A  complete  copy  of  t h e   Aiz  T c r c z   evaluation  is  attached  at 
Exhibit C. 

' 

AFBCMR 97-03 1 17 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies proviced by  existing 

1. 
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 probable  error  or injustice.  After 
a  thorough  review  of  the  evidence  of  record  and  applicant's 
submission, we are not persuadec  that he should be given the 30LC 
to the Air Medal.  His contentlons are duly noted; however, we do 
not  find  these  uncorroborated  assertions,  in and  by  themselves, 
sufficlently persuasive to override the rationale provided by  the 
Air  Force.  We therefore agree with the recommendation of the Air 
Force  and  adopt  the  rationale  expressed  as  the  basis  for  our 
decision  that the applicant has  failed to sustain his burden that 
he  has  suffered  either  an  errGr  3r an  injustice.  Therefore, we 
find no compelling basis  to recsrrx.er,d  granting the relief sought. 

THE BOARD DETERMINES THAT: 

The  applicant  be  notified  :ha: 
demonstrate  the  existence  af  srobable  material  error  or 
inlustlce;  that  the  applicatxn  Tv+i;?,s denied  without  a  personal 
appearance;  and  that  the  application  will  only  be  reconsidered 
upon  the  submission  of  newly  disr3vered  relevant  evidence  n o r  
considered with  this appiicatlan. 

t h e   evidence  presented  did__not 

__---  ____ 
The 5olbwlng members of the Bcdra  :snsiderea this application ir; 
Execdtive  Sesslon  on  11 J u n e   1396,  under  the  provisions  of  Air 
F c r c e   InstructLon 36-2603: 

-_ 

Mr. Thomas S. P t a r k i e w i c z ,   Panel Chair 
Mr. Robert W. Z O C ) ~ ,  Member 
Ms. Olga M. C r e r a r ,   :?ember 
Mrs. Joyce E a r l e y ,   Examiner  (without vote; 

T h e   f oilowing documenzary evicence -,czs  considered: 



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