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AF | BCMR | CY2003 | BC-2002-03522
Original file (BC-2002-03522.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03522
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Bronze Star  Medal
(BSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the Bronze Star Medal (BSM), but  can  not  recall  the
date.  In support of the appeal, he provided a copy  of  a  letter  of
commendation, a copy  of  a  photograph,  a  copy  of  his  separation
document and a  copy  of  the  Army  Air  Forces  CONAS  AACS  Monthly
Intelligence Summary.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records  were  destroyed  in  the  1973  fire  at  the
National Personnel Records  Center.   The  following  information  was
extracted from the separation document provided by the applicant.

The applicant served on active duty during the period 6 August 1942 to
9 December 1945, with  an  overseas  tour  in  the  Southwest  Pacific
Theater during the period 28 July 1943  to  18  September  1945.   His
Report of Separation reflects the award of  the  Purple  Heart  Medal,
Asiatic-Pacific Campaign Medal with 1 Bronze Service Star,  Philippine
Liberation Medal with 1 Bronze Service Star, American Campaign  Medal,
and World War II Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states that there is no documentation showing that  he  met
the criteria for the award of the BSM, or that he was recommended  for
this decoration.

On 14 November 2002, AFPC/DPPPR informed the applicant that he  needed
to provide a copy of the order awarding him  the  Bronze  Star  Medal.
The commendation  letter  provided  only  stated  that  the  applicant
deserved some sort of recognition.  The photograph provided depicts  a
sergeant first class, not a staff or  technical  sergeant  (the  ranks
held by the applicant),  as  only  Army  rank  was  used  until  1947.
Criteria for the BSM was given, and it was explained to the  applicant
that the BSM is awarded while engaged in action against an enemy.  The
applicant was asked to provide a copy of the order  awarding  him  the
BSM or withdraw his application.  He did not respond.  Therefore, they
recommend denial of applicant’s request.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 January 2003, a copy of the Air Force evaluation  was  forwarded
to the applicant for review and response within 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  error  or  injustice.   In  cases  of  this  nature,
regularity is presumed in the actions by  military  officials  in  the
absence of a showing of error or  injustice  by  the  applicant.   The
applicant asserts he was awarded the BSM while he was in the  service.
We have noted the assessment of the  available  evidence  by  the  Air
Force office of primary responsibility and concur with  their  opinion
and recommendation in this matter.  While we are not unappreciative of
the applicant’s contributions while serving the nation, in view of the
above, the evidence provided does not provide  an  adequate  basis  to
find he was awarded the BSM while in the service.  Should  he  provide
more  specific  and  detailed  documentary  evidence  to  support  his
contentions, we would be willing to reconsider  his  appeal.   In  the
absence of such evidence, his request is not favorably considered.

_________________________________________________________________

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  this  application  in
Executive Session on 29 April 2003, under the provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Jul 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 28 Jan 03, w/atch.
      Exhibit D. Letter, AFBCMR, dated 31 Jan 03.




                             RICHARD A. PETERSON
                             Panel Chair



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