RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01623
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded an additional Oak Leaf  Cluster  (OLC)  to  the  Distinguished
Unit Emblem.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His separation document shows the Distinguished Unit  Emblem  with  one  Oak
Leaf Cluster (1OLC).  It should reflect 2 OLCs.

In support of his appeal, the applicant provided  his  Enlisted  Record  and
Report of Separation Honorable Discharge, Honorable  Discharge  Certificate,
General Orders No. --, dated 15 June 1945, General Orders No. --,  dated  23
January 1946, and General Orders No. ---, dated 24 December 1945.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by  fire  in  1973  at
the  National  Personnel  Record  Center  (NPRC)  in  St.  Louis,  Missouri.
Therefore, any record of an additional OLC can not be  verified.   The  only
documents regarding his military service are those he provided.

On 2 February 1944 the applicant entered active duty in the Army  Air  Corps
and was honorably discharged on 1  December  1945  in  the  grade  of  staff
sergeant, under the provisions of AR  615-365  RR  1-1  Demobilization.   He
served 1 year, 9 months, and 29 days total active military service.




According to the applicant’s Enlisted Record and Report of  Separation  that
he provided, he received the  following  awards:  the  Distinguished  Flying
Cross, Distinguished Unit Emblem with 1 Oak Leaf Cluster, Air Medal  with  3
Oak Leaf Clusters, Good Conduct Medal, Asiatic Pacific  Service  Medal,  and
the World War II Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that the applicant served  on
active duty during the period 2 February 1944 through 1 December 1945,  with
an overseas tour in the China-Burma-India Theater of Operations  during  the
period 26 November 1944 through 27 September 1945 and an  overseas  tour  in
the Western Pacific Theater of Operations during the  period  7  April  1945
through 20 September 1945.

Applicant’s  Report  of  Separation  reflects  assignment   to   the   ---th
Bombardment Squadron.  It was presumed that he was  assigned  to  this  unit
during both periods of overseas duty.  This unit  earned  the  Distinguished
Unit Citation 20 August 1944, 23-29 May 1945, and 24 July 1945.   Since  the
applicant did not  arrive  overseas  until  26  November  1944,  he  is  not
eligible for the 20 August 1944 unit award.

On 3 September 2002, their office informed the applicant  that  he  was  not
eligible for any Distinguished Unit Citations and asked him to withdraw  his
application.  He did  not  respond.   Unfortunately,  this  information  was
erroneous, as the applicant is entitled to the Distinguished  Unit  Citation
with 1 Oak Leaf Cluster.

They have verified the applicant’s entitlement  to  the  Distinguished  Unit
Citation with  1  Oak  Leaf  Cluster,  while  assigned  to  the  ---th  Bomb
Squadron.  However, the unit award earned for  actions  on  20  August  1944
occurred prior to the applicant’s assignment to the unit.  Therefore, he  is
not eligible  for  another  oak  leaf  cluster  to  the  Distinguished  Unit
Citation.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 December 2002, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within thirty (30) days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 an injustice warranting award of a second Oak  Leaf
Cluster (OLC) to his Distinguished Unit  Emblem.   We  took  notice  of  the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinion and recommendation of  the  Air  Force  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or  injustice.   According  to  the  applicant’s
available  military  personnel  records  he  was  assigned  to   the   ---th
Bombardment Squadron which was apparently a part of  the  ---nd  Bombardment
Group which earned the Distinguished Unit  Citation  for   the   periods  20
August  1944, 23-29  May  1945,  and  24  July  1945.   However,  since  the
applicant did not arrive  overseas  until  26  November  1944,  he  was  not
eligible for the 20 August 1944 unit award.  In view of  the  foregoing,  he
is ineligible for a second  Oak  Leaf  Cluster  to  the  Distinguished  Unit
Citation.   Therefore,  in  the  absence  of  substantive  evidence  to  the
contrary, 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 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  02-01623
in Executive Session on 11 February 2003, under the provisions  of  AFI  36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Billy C. Baxter, Member
                  Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 January 2002, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 4 December 2002, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 20 December 2002.




                                DAVID C. VAN GASBECK
                                Panel Chair