RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00393
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect the destination of his service
overseas, to include the Azore Islands and Paris, France; and, award
of the European-African-Middle Eastern Campaign Medal.
_________________________________________________________________
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:
Limited documentation was available because the applicant’s military
personnel records were lost or destroyed by fire. Therefore, the
facts concerning the applicant’s overseas assignments could not be
verified.
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR reviewed this application and recommended denial.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a response which
is attached at 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 probable error or injustice. After careful
consideration of applicant's requests and the available evidence of
record, we find insufficient evidence of error or injustice to warrant
corrective action. It appears that the applicant is requesting
correction of his records in an attempt to obtain a property tax
exemption from the state of New York. In order to do so, he believes
that his records need to be corrected to verify his wartime service,
particularly his overseas service. While it is clear that the
applicant served overseas, he was not assigned to an overseas unit
during the period the European-African-Middle Eastern Campaign Medal
was awarded. In this respect, we note that the medal was based on
service performed in that theater of operations from 7 Dec 41 through
8 Nov 45, and his transport and ferrying missions did not begin until
27 Mar 46. Furthermore, there is no provision to list the locations
of his missions overseas on his separation document. In view of the
foregoing, and absent persuasive evidence applicant was denied rights
to which entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to disturb
the existing record.
_________________________________________________________________
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 AFBCMR Docket Number 02-
00393 in Executive Session on 21 May 02, under the provisions of AFI
36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. James W. Russell III, Member
Mr. Albert F. Lowas, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 97, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 8 Apr 02.
Exhibit D. Letter, SAF/MRBR, dated 12 Apr 02.
Exhibit E. Letter, applicant, dated 11 May 02, w/atchs.
PEGGY E. GORDON
Panel Chair
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