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AF | BCMR | CY2001 | 0102335
Original file (0102335.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02335
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His World War II Air Medal be upgraded  to  the  Distinguished  Flying
Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  They  indicate  that
the applicant served on active duty during the period 12 November 1944
through 11 June 1946, with an  overseas  tour  during  the  period  12
November 1944  through  29  March  1946.   His  Report  of  Separation
reflects award  of  the  Air  Medal,  European-African-Middle  Eastern
Campaign Medal with 3 Bronze  Service  Stars,  World  War  II  Victory
Medal, and [Army] Commendation Ribbon.  He is  also  entitled  to  the
American Campaign Medal, and this has been  added  to  his  Report  of
Separation.

Applicant claims that on 24  March  1945,  on  a  mission  to  deliver
gliders filled with troops and ammunition to Germany, his aircraft was
hit by “small arms fire,” and bullets hit him and the crew  chief.   A
bullet hit the applicant’s chest parachute, and  the  crew  chief  was
shot in the leg.  The applicant states the crew chief was taken to the
rear of the aircraft, and the applicant removed the bullet and applied
a tourniquet to stop the bleeding.  The aircraft diverted  to  Belgium
to deliver the crew chief to medical personnel.

The applicant provided documentation showing he had applied previously
for this  action  through  Congressional  channels,  but  was  told  a
written, signed and endorsed recommendation was needed.  Applicant did
not provide a written recommendation or statements  from  anyone  with
firsthand knowledge of the events to corroborate  his  claim  that  he
saved the crew chief’s life.

Unfortunately, the applicant’s records were destroyed in the 1973 fire
at the National Personnel Records  Center.   Therefore,  there  is  no
documentation available in his reconstructed  records  to  verify  his
unit of assignment (he states he  was  assigned  to  the  437th  Troop
Carrier  Squadron),  location,  or  any  actions  during  his  service
overseas.  Even after  being  informed  that  a  written,  signed  and
endorsed recommendation was necessary for consideration of his  claim,
the applicant has not provided any documents/statements to corroborate
his claim that he saved his  crew  chief’s  life  on  24  March  1945.
However, the applicant’s Report of Separation reflects  award  of  the
[Army] Commendation Ribbon, awarded by a General Order from  the  12th
Army Group, dated 26 June 1945.  They believe this decoration may have
been awarded for the applicant’s actions in saving someone’s life.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 September 2001, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within thirty (30) days.   As
of this date, no response has been received by this office.

_________________________________________________________________

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 probable error or injustice warranting that his World
War II Air Medal be upgraded to the Distinguished Flying Cross  (DFC).
We took notice of the applicant's complete submission in  judging  the
merits  of  the  case;  however,  we  agree  with  the   opinion   and
recommendation of the Air Force and adopt their rationale as the basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Applicant has not established to our satisfaction
that his actions warranted the award of the DFC or that he would  have
been recommended for it.  Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

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  on  1
November 2001 under the provisions of AFI 36-2603:

                 Mr. Frederick R. Beaman, III, Panel Chair
                 Mr. Christopher Carey, Member
                 Mr. John E. Pettit, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Aug 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 24 Sep 01.
   Exhibit D.  Letter, SAF/MIBR, dated 28 Sep 01.





                                   FREDERICK R. BEAMAN, III
                                   Panel Chair



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