RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-02982
                                             INDEX CODE:
                                             COUNSEL:  None

                                             HEARING DESIRED:  Yes

________________________________________________________________

This application for correction of the records of APPLICANT  (Deceased)  was
submitted by (nephew).

APPLICANT REQUESTS THAT:

Any medals, ribbons and citations, including the Purple Heart Medal and  the
Distinguished Flying Cross, awarded to his uncle during his  active  service
time be replaced.

________________________________________________________________

APPLICANT CONTENDS THAT:

He has attempted to claim any medals, ribbons, and citations that his  uncle
was awarded during his active service time.  The  medals  and  ribbons  have
been lost or misplaced over the years.  His mother  remembers  that  at  the
time of his burial, a posthumous presentation of a Purple  Heart  was  given
to his grandmother.

In support of  this  application  the  applicant  provided  copies  of  news
articles, official military letters sent to the veteran’s mother  concerning
the veteran's death  on  Active  Duty,  and  decorations.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The former member’s records were lost or destroyed.  The  following  is  the
only  available  information  pertaining  to  the  former  member’s  service
extracted from documents provided by the applicant.

The former member entered the service on 10  June  1942.   He  was  a  rated
officer who was progressively promoted  to  the  grade  of  captain.   While
performing flying duties at Morris Field, North Carolina, the former  member
died as a result of an aircraft accident on 4 April 1945.  By  letter  dated
23 August 1945, the former member’s mother was informed  that  he  had  been
awarded the Air Medal with four bronze Oak Leaf Clusters, which  represented
four additional awards of the same decoration.  The award of  the  foregoing
medals was “For meritorious achievement while participating  in  forty-eight
(48) sorties against the enemy.”

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed the case and recommends denial.   DPPPR  stated  that
the veteran died while on active duty  on  4 April  1945.   This  being  the
case, no separation document was prepared.  Furthermore,  his  records  were
destroyed in the 1973 fire at the National Personnel Records Center  (NPRC).
 The applicant has not  provided  any  official  documentation  showing  the
veteran was awarded the Distinguished Flying Cross or  Purple  Heart  Medal,
only several news articles which do not agree with the  copies  of  official
correspondence provided by the applicant.

On 7 October 2003, DPPPR informed the applicant that  although  he  was  not
legally next of kin to the  veteran  they  could  verify  that  the  veteran
earned the Air Medal with four oak  leaf  clusters,  European-African-Middle
Eastern Campaign Medal, America Campaign Medal, and  World  War  II  Victory
Medal.  The NPRC searched files, but the veteran’s name was not found  under
any decoration; therefore, they could not verify the  veteran’s  eligibility
for award of the Distinguished Flying Cross or Purple  Heart  Medal.   Since
the veteran died in an  aircraft  accident,  not  as  the  result  of  enemy
action, he  would  not  be  entitled  to  the  Purple  Heart  Medal.   DPPPR
instructed the applicant to either provide a  legible  copy  of  the  orders
awarding his uncle these two medals or to  withdraw  his  application.   The
applicant did not respond.

The HQ AFPC/DPPPR evaluation with attachment is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reiterates  his  initial  contentions,  and   provides   the
following service history of his uncle:

From: 6/23/41 – Royal Canadian Air Force
To:   6/ 3/42 - Last Entry
From: 6/27/42 – Air Corps – Spence Field, Moultrie, GA;
                      Training – 12th Air Corps
      7/31/42 – 47th Bomb Group; 86th  Bomb Squadron; North
                Africa (50 bombing missions completed)
      2/23/44 – Returned, U.S.A. Charlotte, NC
To:   3/31/45 – Re-Assigned “XO” – Aiken S.C.

The applicant’s review, with attachments, is at Exhibit F.

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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 probable error or  injustice  with  respect  to  the  requested
award of the Purple Heart Medal.  We noted the letter  by  Army  authorities
to a member of Congress listing the awards to which the  former  member  was
entitled, including the requested DFC.  In the absence of  evidence  by  the
applicant showing the former member was entitled to some other award(s)  for
performance, we believe action by this Board concerning such  a  request  is
not required and that the only matter to be resolved is the  request  for  a
Purple Heart Medal.  In this regard, we agree with the assessments  of  this
issue by the Army and the Air Force office of  primary  responsibility.   We
appreciate and honor the former member’s service to his country. However  in
view of the above and in the absence of evidence by  the  applicant  showing
the former member’s injury met the statutory  and  regulatory  criteria  for
award of the Purple Heart Medal, we have no  basis  on  which  to  favorably
consider  this  portion  of  the  application.   The  applicant's  case   is
adequately documented and it has not been shown that a  personal  appearance
with or without counsel will materially add  to  our  understanding  of  the
issues involved.  Therefore, the request for  a  hearing  is  not  favorably
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  BC-2003-
02982 in Executive Session on 25 February 2004, under the provisions of  AFI
36-2603.

            Mr. Robert S. Boyd, Panel Chairman
            Mr. Charlie E. Williams, Jr., Member
            Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 Jul 2003.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 19 Dec 03..
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
   Exhibit E.  Letter, Applicant, dated 23 Dec 03.




            ROBERT S. BOYD
                                    Panel Chair