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AF | BCMR | CY2003 | BC-2003-00652
Original file (BC-2003-00652.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00652
            INDEX CODE:  107.00
       (Deceased)      COUNSEL:  GILBERT F. CARRILLO

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband's records be corrected to show he served  in  the
Army from 1940 through 1941, he be awarded  the  Distinguished  Flying
Cross, the Purple Heart Medal, the Air Medal with clusters, and he has
green eyes versus brown eyes.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Through the years her husband told her he earned these decorations and
they are listed on a biography sheet for a parade.

In support of her request, the applicant submits a personal statement,
a copy of her husband’s  Enlisted  Record  and  Report  of  Separation
Honorable Discharge, a copy of  his  biography,  and  a  copy  of  her
husband’s Certificate of Death.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by  fire
in 1973.  The available records reflect he enlisted in the Air Corp on
9 October 1942 and was released from active duty on 27 March 1946.

His DD Form 214, Certificate of Release or Discharge from Active Duty,
reflects a honorable discharge, an overseas tour in Casablanca from  9
April 1944  through  4  November  1945,  as  an  airplane  and  engine
mechanic.  He earned the Good Conduct Medal, American Campaign  Medal,
European-African Middle Eastern Campaign Medal, World War  II  Victory
Medal, and the American Defense Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFPC/DPPPR recommends  denial.   The  biography  provided  on  the
veteran states that he served in the US Army during 1940 through  1941
and in the Army Air Force during 1942 through  1946,  surviving  Pearl
Harbor.  It also states he received the Purple Heart, Air  Medal  with
Cluster, and Distinguished Flying Cross for combat missions  in  North
African and European Theaters.  No  documentation  has  been  provided
showing the inclusive dates or prior service, but the veteran’s Report
of Separation shows two years, seven months and eight  days  of  prior
service, and award of the American Defense Service Medal means that he
was on Active Duty prior to 7 December 1941.

If the veteran served in the U.S. Army for his service prior  to  1942
through 1946, the Army Board for Correction of Military Records  would
have to review that portion  of  the  case.   However,  there  are  no
records available from that period, and the applicant has not provided
anything for that period.  The applicant bases her claims on what  she
says her husband told her over the years,  and  the  biography  sheet.
Unfortunately, the veteran’s Report of Separation does not support the
applicant’s request for award of  the  Purple  Medal,  Air  Medal,  or
Distinguished Flying Cross.  There is no indication in  the  veteran’s
VA medical records that he was wounded or injured during 1942  through
1946, and the applicant did  not  provide  sufficient  information  or
documents to consider award of the Purple Heart medal.  The Air  Medal
and Distinguished Flying Cross are awarded  for  aerial  achievements.
The  veteran  was  an  airplane  and  engine  mechanic;  there  is  no
indication that he accomplished any aerial achievements.   It  may  be
that the veteran earned these decorations during his first  enlistment
period but, without a copy  of  his  Report  of  Separation  for  that
period, or other official  documentation,  they  cannot  verify  these
decorations.  The applicant has  been  sent  a  complete  set  of  the
verified awards earned by the veteran.

The DPPPR evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
30 May 03, for review and comment within 30 days.  As  of  this  date,
this office has received no response.

_________________________________________________________________

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.  After a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded that the releif requested should be  granted.   We  took
notice of the complete submission in judging the merits of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force office of primary responsibility and adopt  their  rationale  as
the basis for our conclusion that the former member has not  been  the
victim of an error or injustice.  There  was  no  evidence  presented,
other than his own assertions, which would lead us to believe that  he
was entitled to these medals.  Therefore, we find no compelling  basis
to warrant favorable  consideration  of  the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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 no considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00652 in Executive Session on 17 July 2003, under  the  provisions  of
AFI 36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Mr. Clarence D. Long III, Member
                 Ms. Sharon Seymour, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Oct 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 27 May 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 30 May 03.




      PATRICIA D. VESTAL
      Panel Chair


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