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AF | BCMR | CY2004 | BC-2003-01259
Original file (BC-2003-01259.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01259
                                             INDEX CODE:  107.00; 131.09;
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

An Oak Leaf Cluster (OLC) be added to his Air Medal (AM) or  he  be  awarded
the Distinguished Flying Cross (DFC), and his rank at separation be  changed
to Captain.

________________________________________________________________

APPLICANT CONTENDS THAT:

Because of the mission he flew with another military member, he should  have
received the award of  the  Distinguished  Flying  Cross  or  he  should  be
awarded another Oak Leaf Cluster to his Air Medal.  He was  also  told  that
officers who separated after him were promoted to the next grade.

In support of his  request,  applicant  submits  copies  of  his  separation
document, a Certificate of Service, copies of Award  Orders  and  copies  of
correspondence concerning the requested  award.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military  personnel  records  were  destroyed  by  fire  in  the
National Personnel Records Center in 1973.  The  following  information  was
extracted from documents provided by the applicant.

Applicant entered active duty as a commissioned officer in the Army  of  the
United States, Officers’ Reserve Corps, Air Corps, on 16 February 1943.   He
performed duties as a pilot in the  European  Theater  of  Operations  (ETO)
during the period  15  August  1943  and  13  May  1945.   He  received  the
following awards:  Air Medal (AM) with two Oak  Leaf  Clusters  (OLCs),  the
Distinguished Unit Badge, and the  European-African-Middle  Eastern  Theater
Ribbon with seven Bronze Service Stars.  He participated  in  the  Normandy,
Sicily, Naples-Foggia, Rome-Arno, Northern France,  Rhineland  and  Ardennes
battles and campaigns.  The applicant was separated in the  grade  of  first
lieutenant by reason  of  demobilization  on  14  September  1945.   He  was
credited with nine months and six days of continental service and 1 year,  9
months and 22 days of foreign service.

In  letters  to  the  applicant  dated  13  June  2003  and  22  July  2003,
respectively,  HQ  AFPC/DPPRA   provided   the   applicant   with   detailed
information and instructions concerning his  request  for  the  DFC.   These
letters are included with the applicant’s submission in Exhibit A.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPP recommends denial of the applicant’s request for  promotion  to
captain.  DPPP states that terminal  leave  promotions  did  not  come  into
effect until 19 October 1945, after the applicant  had  been  relieved  from
active duty.  DPPP’s recommendation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  8
January 2004 for review and response.  As of  this  date,  no  response  has
been received.

________________________________________________________________

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.   Evidence  has  not  been  provided  which
would lead us to believe that the applicant was entitled to a  promotion  to
the grade of captain prior to his release from active duty or the  award  of
a DFC or an OLC to the AM for his participation in the Normandy invasion  of
1944.  The applicant was  released  from  active  duty  prior  to  the  time
terminal  leave  promotions  were  authorized.   Furthermore,  there  is  no
indication that he met the criteria for such a promotion had terminal  leave
promotions been authorized when he was released from  active  duty.   As  to
the applicant’s request for  an  award  based  on  his  participation  in  a
mission, while the applicant asserts he was part of the  mission  for  which
First Lieutenant Q--- was awarded the DFC,  we  note  the  applicant’s  name
does not appear on the orders.  There is no indication that  the  provisions
of G.O. Number 179 (the order provided by  the  applicant)  applied  to  the
listing of awards presented  on  26  August  1944.   Finally,  the  evidence
provided does not substantiate that  he  participated  in  the  mission  for
which the awards were given, and, that he was recommended for an  award  and
the recommendation  was  lost  or  improperly  denied.   Therefore,  in  the
absence of evidence  to  the  contrary,  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 this application in  Executive
Session on 12 February 2004, under the provisions of AFI 36-2603.

            Ms. Brenda L. Romine, Panel Chairman
            Mr. David C. Van Gasbeck, Member
            Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 April 2001.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPP, dated 12 Dec 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Jan 2004.




            BRENDA L. ROMINE
            Panel Chair






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