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AF | BCMR | CY2003 | BC-2002-00768
Original file (BC-2002-00768.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00768

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased brother’s records be corrected to show he was entitled to
the award of the Distinguished Flying Cross, Air Medal with 6 Oak Leaf
Clusters and any other additional medals, ribbons or badges.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The records are in error.

In support of  her  request,  she  submits  a  copy  of  her  deceased
brother's certificate of death, certification of military service, and
newspaper articles.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former service member's military personnel records were  destroyed
by fire in 1973.  Therefore, the facts surrounding his service in  the
Army Air Corp cannot be verified.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommended denial and stated that after a thorough  review
of  the  information  submitted  by  the  applicant,  there   was   no
documentation to support the authorization of any Air Force  Specialty
badges.  The request for the Certificate of Release of  Discharge  for
Active Duty (DD Form 214) from the  applicant  was  not  received  (as
request from  previous  letter,  dated  18  Jun  02).   Unfortunately,
without the DD Form 214, we are unable to grant the request.

AFPC/DPSFM complete evaluation is at Exhibit C.
AFPC/DPPPR recommended disapproval and stated that there is no  Record
of Separation for his WWII service or  DD  Form  214  for  Korean  era
service.  The applicant has not provided  any  documentation  to  show
that she is entitled to any information or the awards and  decorations
earned by the veteran, or that the veteran was  actually  awarded  the
Distinguished Flying Cross or Air Medal  with  6  Oak  Leaf  Clusters.
Therefore, we cannot comply with her request.

AFPC/DPPPR complete evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation, submitted copies  of  the
deceased member’s birth certificates, death certificate, certification
of military service, honorable  discharge  certificate,  and  enlisted
record.

_________________________________________________________________

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.  After a  thorough  review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that the former service member has been the victim of either
an error or an injustice.  Applicant’s  contentions  are  duly  noted;
however, we do not find these uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  We therefore agree with the recommendations of  the
Air Force and adopt the rationale  expressed  as  the  basis  for  our
decision that the applicant has failed to sustain the burden that  the
former service member has suffered either an error  or  an  injustice.
Therefore, we find no  compelling  basis  to  recommend  granting  the
relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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  02-00768
in Executive Session on 26 February 2003 under the provisions  of  AFI
36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. Frederick R. Beaman, Member
            Mr. Albert J. Starnes, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Mar 02, w/atchs.
   Exhibit B.  Fire Related Papers.
   Exhibit C.  Letter, AFPC/DPSFM, dated 18 Sep 02.
   Exhibit D.  Letter, AFPC/DPPPR, dated 22 Nov 02
   Exhibit E.  Letter, SAF/MRBR, dated 27 Nov 02.
   Exhibit F. Letter, Applicant’s Response, dated, 9 Dec 02 w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chairman

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