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AF | BCMR | CY2003 | BC-2002-00228
Original file (BC-2002-00228.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-00228
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Medal for the  period  22  November  1943  through  25
September 1946.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not receive a decoration in recognition of  his  aerial  achievements
during World War II.

In support of his appeal,  the  applicant  provided  a  personal  statement,
Recommendation  for  Award  of  the  Air  Medal,  dated  16 February   1945,
Commendation Letter, dated 27 January 1945, and other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Available records indicate that the applicant entered  active  duty  in  the
Army Air Corps on 13 May 1943.

His Report of Separation reflects award  of  the  American  Campaign  Medal,
Asiatic-Pacific  Campaign  Medal,  European-African-Middle  Easter  Campaign
Medal, and World War II Victory Medal.

On 9 December 1946, the applicant was honorably discharged in the  grade  of
Captain under the provisions of  AR  615-365  RR  1-1  (Convenience  of  the
Government/Demobilization).

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that the applicant  submitted
a request for award of the Distinguished Flying Cross and  Air  Medal  (with
oak leaf clusters) through congressional  channels,  as  required,  and  his
request was denied.  He submitted a request for  reconsideration  for  award
of the Air Medal (no  oak  leaf  clusters)  through  congressional  channels
within the one-year time limit, as required,  and  was  again  denied.   The
applicant was recommended for award of the Air Medal in 1945, in  2000,  and
in  2001.   The  final  approval  authority  did  not  receive   the   first
recommendation.  The second and third  recommendations  were  considered  by
SAFPC and denied.

The evaluation, with attachment, is at Exhibit C.

AFPC/DPPPR reviewed this application a second time and  recommended  denial.
They indicated that on 9 March  2002,  the  applicant  submitted  additional
documents to SAF/MRBR, and the case was returned to this office  for  review
of the documents.  None of  the  documents  provided  offer  any  additional
justification for award of the Air Medal.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 April 2002 and 25 May 2002, the applicant  requested  his  application
be temporarily withdrawn (Exhibit F).

On 30 December 2002, the applicant requested his case be  reopened  and  has
provided additional documentation that is at Exhibit H.

_________________________________________________________________

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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or an injustice warranting award of the Air  Medal.   The
applicant contends that he did  not  receive  award  of  the  Air  Medal  in
recognition of his aerial achievements  during  World  War  II.   The  Board
notes that on 16 February 1945 the  applicant’s  commander  recommended  him
for award of the Air Medal for meritorious achievement  while  participating
in sustained operation flights in  the  ferrying  and  delivery  of  vitally
needed aircraft  to  foreign  theaters  of  operation,  from  November  1943
through November 1944.  However, through no fault of  the  applicant’s,  the
Awards and Decorations Board never received the recommendation package.   In
view of this and in recognition of his extraordinary accomplishments in  the
defense of our nation during wartime, we believe the benefit  of  the  doubt
should be resolved in his favor.  Therefore, in view of  the  above  and  to
offset any possibility of an injustice to the applicant,  we  recommend  his
records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 16 February 1945, he was  awarded
the Air Medal for meritorious achievement  during  the  period  22  November
1943 to 3  November  1944,  while  participating  in  sustained  operational
flights in ferrying and delivery  of  vitally  needed  aircraft  to  foreign
theaters of operation over wide expanses of water.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2002-
00228 in Executive Session on 3 April 2003, under the provisions of AFI  36-
2603:

                 Mr. Jackson A. Hauslein, Jr., Panel Chair
                 Mr. Christopher Carey, Member
                 Ms. Marcia Jane Bachman, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 January 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 27 February 2003,
                   w/atch.
   Exhibit D.  Letter, AFPC/DPPPR, dated 29 March 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 12 April 2002.
   Exhibit F.  Letter, Applicant, dated 30 April 2002, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 20 May 2002.
   Exhibit H.  Letter, Applicant, dated 20 December 2002,
                   w/atchs.



                 JACKSON A. HAUSLEIN, JR.
                 Panel Chair






















AFBCMR BC-2002-00228




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to    , be corrected to show that on 16 February 1945, he was
awarded the Air Medal for meritorious achievement during the period 22
November 1943 to 3 November 1944, while participating in sustained
operational flights in ferrying and delivery of vitally needed aircraft to
foreign theaters of operation over wide expanses of water.



            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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