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AF | BCMR | CY2002 | 0200124
Original file (0200124.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00124, Cse 2
                       INDEX CODE:  110.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Air  Medal  (AM)  (basic)  for  28  Feb  91  be  upgraded  to   a
Distinguished Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

During this mission he took extreme risks to locate  a  downed  Marine
pilot who was later found dead.  During the timeframe that  the  award
package was written squadron missions were compared to other  squadron
missions as opposed to an objective standard.

Applicant's complete submission,  with  attachments,  is  attached  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 states the applicant was requested on 22 Feb 02 to  provide
documentation showing he was recommended for the DFC for the 28 Feb 91
mission.  In response to the request the applicant states he  was  not
recommended for the DFC, but believes he should have been.  He further
stated he tried to correct this in  the  last  part  of  the  nineties
through military channels, but he has not provided  any  documentation
to support this request.  An individual can not  recommend  themselves
for a decoration or for an upgrade of a decoration previously awarded.
 A request for an upgrade of a decoration must be made by the original
recommending official to the original approval  authority  within  one
year of the final  decision.   The  applicant  has  not  provided  any
documentation to show that the original recommending official
submitted a recommendation for DFC  or  his  accomplishments  met  the
criteria for the DFC at that time.  Without documentation to  show  he
was recommended for the DFC, a request for an upgrade of the AM to the
DFC or the applicant met the criteria for a DFC, they can  not  verify
his eligibility for the upgrade.  Based on the  information  provided,
DPPPR recommends denying the applicant's request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  Air  Force  evaluation  and  reiterated
statements made on his application.   Also,  the  applicant  submitted
previously received documentation to support his request  for  upgrade
of his AM to a DFC (Exhibit E).

_________________________________________________________________

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 an  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  We believe it should be  pointed  out  that
the applicant's decorated service and sacrifice for  his  country  has
not gone unnoticed.  The applicant was awarded the AM for his  actions
on 28 Feb 91; however, no evidence has been presented which has  shown
to our satisfaction that the applicant  was  recommended  for  a  DFC.
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 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  Docket  Number  02-
00124 in Executive Session on July 2, 2002, under the  provisions  of
AFI 36-2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Christopher Carey, Member
                       Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Jan 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 9 May 02.
      Exhibit D. Letter, SAF/MRBR, dated 17 May 02.
      Exhibit E. Applicant’s Response, dated 31 May 02.




                             JOSEPH A. ROJ
                             Panel Chair

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