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AF | BCMR | CY1998 | 9800153
Original file (9800153.pdf) Auto-classification: Denied
. 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00153 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

FEB 1 9  1999 

He  be  awarded  the  Air  Medal, Seventh Oak  Leaf  Cluster  (AM,  7 
OLC) . 

He  should  have  been  awarded  the 
enemy  aircraft  on  2  April  1944: 
never documented  in his  records,' 
certificate. 
In  support  of  the  appeal,  applicant  submits  a  copy  of  the 
narrative report of the 2 April 1944 mission. 
The applicant's complete submission is attached at Exhibit A, 

AM,  7  OLC,  for destroying  an 
however,  the  information was 
nor  included on his discharge 

~ 

STATEM ENT 0 F FACTS: 
The  applicant  records were  destroyed  in  the  1973  fire  at  the 
National  Personnel  Records  Center;  therefore,  the  following 
information has been obtained from the documents submitted by the 
applicant, 
On 22 December 1942, the applicant was inducted into the Army Air 
Corps  and entered active duty on 31 December 1942.  He performed 
duty as an Airplane Armorer Gunner and was awarded the Air Medal, 
with Sixth Oak Leaf Cluster (AM,  6 OLC). 
On  30  September  1945,  the  applicant  was  honorably  discharged 
under  the  provisions  of  AR  615-365  (Convenience  of  the 
Government)  in  the  grade  of  staff  sergeant.  He  completed  2 
years, 2 months and 7 days of active service, with 6  months and 
22 days of foreign service. 

. 

The  Recognition  Programs  Branch,  AFPC/DPPPRA,  reviewed  this 
application and  states that  since the  applicant's  records have 
been destroyed, and there is no documentation to show the date(s) 
for which the Air Medal and Oak Leaf Clusters were awarded during 
World War  11,  they cannot verify whether or not he has already 
received recognition for  the  2 April  1944  shooting down of  an 
enemy aircraft.  The applicant has failed to provide sufficient 
documentation to  substantiate his claim  that  he  is entitled  to 
any additional Oak  Leaf  Clusters to the Air Medal or any other 
additional  awards  or  decorations.  Therefore,  they  recommend 
denial of his request. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit B. 

APPLICANT 'S REVIEW OF AIR FORC E EVALUATIO N: 
The applicant reviewed the Air Force evaluation and states that 
he has provided a letter which is proof that he destroyed an ME- 
109 on 2 April 1944. 
The applicant's  complete response, with attachment, is attached 
at Exhibit D.  . 

The applicant has exhausted all remedies provided 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 
thoroughly  reviewing  the  evidence  of  record  and  noting  the 
applicant's  contentions, we are not persuaded that he  should be 
awarded the AM,  7 OLC.  The applicant contends that based on the 
documentation he has provided which indicates that he  shot down 
an ME-109 on 2 April 1944, he should have been awarded the AM,  7 
OLC.  However, we find no evidence the applicant should have been 
automatically awarded the AM,  7 OLC, based on the destruction of 
an ME-109  on 2 April 1944.  To the contrary, we note that during 
World War 11, the applicant's numbered Air Force  (14th Air Force) 
was awarding AMs  upon the destruction of  3  enemy aircraft.  In 
view  of  this, and  based  on the  evidence  of  record, we  do not 
believe  he  has been  the victim  of  an error or  injustice.  The 
personal  sacrifice the applicant has endured for his country is 

2 

noted  and  our  decision  should  in no  way  lessens his  service; 
however, insufficient documentary evidence has been presented to’ 
warrant awarding him the AM.  7 OLC.  Therefore, in the absence of 
evidence  to  the  contrary,  we  find  no  compelling  basis  to 
recommend granting the relief sought in this application. 

HE BOARD DETERMINES T N :  
The  applicant be  notified  that  the  evidence presented  did  not 
demonstrate  the  existence  of  probable  material  error  or 
injustice; that  the  application was  denied  without  a personal 
appearance; and  that  the application will  only be  reconsidered 
upon  the  submission of  newly  discovered  relevant  evidence  not 
considered with this application. 

The following members of the Board considered this application in 
Executive Session on 1 October 1998, under the provisions of AFI 
36-2603 : 

Mr. Thomas S. Markiewicz, Panel Chair 
Mr. Robert W. Zook, Member 
Mr. Edward H. Parker, Member 
Mr. Phillip E. Horton, Examiner (without vote) 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 21 Nov 95, w/atchs. 
Exhibit B.  Letter, AFPC/DPPPRA, dated 13 Feb 98, w/atchs. 
Exhibit C.  Letter, SAF/MIBR, dated 9 Mar 98. 
Exhibit D.  Letter, Applicant, dated 13 Mar 98, w/atch. 

3 



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