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AF | BCMR | CY2003 | BC-2002-02945
Original file (BC-2002-02945.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02945
                       INDEX CODE:  107.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  he  received  the  Distinguished
Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His unit received the DFC.  He was not present to  receive  the  award
because he was in the hospital.  The applicant also states that he was
a prisoner of war (POW).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973  fire  at  the
National Personnel Records Center.

The available records reveal that the applicant served on active  duty
from 5 December 1942 through 27 August 1945.  He had an overseas  tour
 in  the  European   Theater   of   Operations  from  20  August  1944
through 16 May 1945.

The applicant’s Certificate  of  Disability  for  Discharge,  Enlisted
Record and Report of Separation indicates  the  reason  and  authority
for  his  separation  was Section I, AR 615-361 dated 4 November  1944
and 1st Indorsement dated 24 August 1945.  His  record  indicates  the
place of separation as the AAF Convalescent Hospital, Fort  Logan,  CO
and he was discharged in the grade of staff sergeant.

His WD AGO 53-55 reflects he was awarded the Air Medal (AM) with 3 Oak
Leaf Clusters (OLC), the  Good  Conduct  Medal  (GCM),  the  European-
African Middle Eastern Campaign Medal  with  five  (5)  Bronze  Battle
Stars.  A DD Form 215 dated 5 December 2002 added
the American Campaign Medal and the World War II Victory Medal to  his
record.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR indicates the applicant stated in his  application  that
he was a prisoner of war (POW) and was sent home  to  a  VA  hospital.
There was no  indication  in  the  available  records  indicating  the
applicant was a POW.  The applicant provided a signed  affidavit  from
the pilot regarding an aborted flight on 21 May 1945.   The  applicant
was listed as  a  crewmember.   However,  there  is  no  documentation
showing the applicant was a regular  crewmember  who  flew  with  that
pilot.  Furthermore, there is no documentation showing the  pilot  and
all his crew received the DFC for a series of combat flight  missions.
The applicant has  not  provided  any  documentation  showing  he  was
recommended for a DFC, nor has he provided any  documentation  showing
he was eligible to receive the DFC.  DPPPR requested the applicant  to
explain certain discrepancies between his Record of Separation  and  a
news article he submitted, and to provide documentation showing he was
a POW and documentation reflecting he was  recommended  for  the  DFC.
The applicant did not respond.  Based  on  the  information  provided,
DPPPR recommends denying the applicant's requests.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
31 January 2003, for  review  and  response.   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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  We believe it should be  pointed  out  that
the applicant's decorated service and sacrifice for  his  country  has
not gone  unnoticed.   Notwithstanding  this,  no  evidence  has  been
presented which has shown to our satisfaction that the  applicant  met
the established criteria for award of the DFC.   However,  should  the
applicant  provide  documentation  pertaining  to  the  units  he  was
assigned, statements from crewmembers and proof  of  his  POW  status,
this Board would be willing  to  review  the  materials  for  possible
reconsideration.  Otherwise, in view of  the  foregoing,  we  find  no
compelling 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 AFBCMR Docket Number 02-
02945 in Executive Session on 25 March 2003, under the  provisions  of
AFI 36-2603:

                       Mr. Robert S. Boyd, Panel Chair
                       Ms. Ann-Cecile McDermott, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Jul 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 25 Nov 02.
      Exhibit D. Letter, SAF/MRBR, dated 31 Jan03.




                             ROBERT S. BOYD
                             Panel Chair

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