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AF | BCMR | CY2004 | BC-2003-03191
Original file (BC-2003-03191.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03191
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL: VETERANS SERVICE OFFICE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be  awarded  the  Combat  Action  Ribbon  and  “stars  added  to  medals,
especially Air Medal (7).”

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was a turret gunner during World War II  and  the  Combat  Action  Ribbon
(CAR) was omitted from his records.

In support of the appeal, applicant  submits  extracts  from  his  personnel
records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Army Air Corps, as an  airplane  armorer  gunner
from 3 November 1943 through 6 November 1945.   He  contracted  his  initial
enlistment with the Air Force on 22 August  1947,  for  a  period  of  three
years.  From 17 September 1944 through  2  March  1945,  he  served  in  the
European-African-Middle Eastern  theatre  of  operation.  He  was  honorably
discharged in the grade of staff sergeant on 21 August 1951, for  expiration
of term of service.

In a letter, dated 1 December 2003, AFPC/DPPPRA notified  the  applicant  of
his entitlement to the World War II  Victory  Medal;  the  European-African-
Middle Eastern Campaign Medal, with two bronze service stars;  and  the  Air
Medal (AM), with one silver oak leaf cluster.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
without official documentation showing he was awarded  two  additional  AMs,
they are unable to verify his entitlement to the AM,  with  seven  oak  leaf
clusters.  In addition, the CAR was not established until 17 February  1969,
and was only awarded to members of the U.S. Navy, Marine  Corps,  and  Coast
Guard.  Since the applicant was discharged on 6 November  1945,  he  is  not
eligible for the CAR.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
and his counsel on 6 February 2004 for review and response within  30  days.
However, 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
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  Docket  Number  BC-2003-03191
in Executive Session on 1 April 2004, under the provisions of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Ms. Martha A. Maust, Member
                       Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 28 Jan 04.
    Exhibit D.  Letters, SAF/MRBR, dated 6 Feb 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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