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AF | BCMR | CY2002 | 0200150
Original file (0200150.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00150
            INDEX CODE:  128.06
            COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Silver Star Medal (SSM) for his actions on 27 May 1944  as
a combat infantryman.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Every place in the Air Corps has refused to accept his papers for  award  of
the SSM.  After 30 years he met up with former officers who knew of the  SSM
recommendation and who thought he had since been awarded the SSM.

In support of his appeal, applicant submits a personal  statement  detailing
an account of  events  in  New  Guinea,  a  copy  of  his  discharge  and  a
supportive statement from the First Sergeant  of  Headquarters  Company  1st
Battalion.

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

_________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records Center (NPRC) in St. Louis  has  been  unable
to locate the applicant’s original military records and it is presumed  they
were destroyed by fire in 1973.

The remaining relevant facts pertaining to this application, extracted  from
the available information, are contained  in  the  letter  prepared  by  the
appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be  denied.   DPPPR  states  that  the
Army had processed the applicant’s first request for award of  the  SSM  and
the Army Review Board had downgraded  it  to  a  Bronze  Star  Medal  (BSM).
DPPPR states that the Army agreed that the applicant  should  have  received
the basic BSM for the Combat Infantryman’s Badge and the BSM with First  Oak
Leaf Cluster for his actions on 27 May 1944.  DPPPR states it is  not  clear
why the Army processed the applicant’s first request for award of  the  SSM,
awarded the BSM and did not place documents in the applicant’s  records  for
future reference.  DPPPR further states  that  the  fact  remains  that  the
applicant has again requested award of the SSM for his  actions  on  27  May
1944 and they don’t believe the Air Force should usurp the  Army’s  position
and decision.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10  May
2002 for review and response within 30 days.  As of this date,  this  office
has received no response.
_________________________________________________________________

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 error or injustice.  Applicant’s contentions  are  duly  noted;
however, the Board finds no  evidence  of  error  in  this  case  and  after
thoroughly reviewing the documentation that has been  submitted  in  support
of applicant’s appeal, we do not believe he has suffered from an  injustice.
 Applicant’s contentions have been adequately addressed by  the  appropriate
Air Force office and we agree with their  comments  and  recommendation  and
adopt their rationale as the basis for our  conclusion  that  the  applicant
has not been the victim of an error or injustice.  We  note  that  the  Army
Board for Correction of Military Records has  reviewed  applicant’s  request
for a Silver Star Medal and determined that  the  award  of  a  Bronze  Star
Medal was more  appropriate.   We  do  not  believe  it  is  appropriate  to
reconsider  the  determination  of  the  Army’s  Board   in   this   matter,
particularly since it relates to the service of the applicant  while  in  an
Army infantry component, prior to his  transfer  to  the  Army  Air  Forces.
Therefore, we find no 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 this application in  Executive
Session on 26 June 2002, under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mrs. Carolyn J. Watkins, Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 October 2001 w/atchs.
     Exhibit B.  Letter, AFPC/DPPPR, dated 4 April 2002 w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 10 May 2002.





                                  PHILIP SHEUERMAN
                                  Panel Chair

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