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AF | BCMR | CY2004 | bc-2004-01457
Original file (bc-2004-01457.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01457
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  show  that  he  received  five  additional  Air
Medals (AMs).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He is owed five more AMs that  he  was  awarded  but  not  credited  on  his
discharge.  He completed a total of 40  combat  missions  and  was  credited
with one confirmed destruction of an ME-109.  He is the only member  of  his
former aircrew that did not receive proper credit.

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

_________________________________________________________________

STATEMENT OF FACTS:

The National  Personnel  Records  Center  has  been  unable  to  locate  the
applicant’s records and it is presumed they were destroyed by fire in  1973.
  Therefore,  the  following  information  has  been  extracted   from   the
documentation submitted by the applicant.

The applicant is a former member of the Army Air Corps  who  served  in  the
European, African, and Middle Eastern Theatres  of  Operation  from  6 April
1943  through  4 February  1944,  as  an  aerial  gunner,  with   the   37th
Bombardment Squadron.  His Enlisted Record and Report of Separation,  issued
in conjunction with his 11 September 1945 separation, reflects that  he  was
awarded the AM, with four OLCs.

The AM is awarded for heroic or meritorious achievement while  participating
in aerial flight.

In 1942, the 12th Air Force had an established  policy  whereby  an  AM  was
awarded  upon  the  completion  of  every  five  bomber  missions  and   the
destruction of an enemy aircraft.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends  the  application  be  denied  and  states,  in  part,
although they have verified the applicant was awarded the AM, with four  oak
leaf clusters, they were unable to find evidence  that  he  was  recommended
for, or awarded five additional oak leaf clusters.

The AFPC/DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

His records have been destroyed by  fire  and  as  a  result,  his  service-
connected disability has been terminated.  However, he is not giving  up  on
the five AMs he earned.  There are  only  three  surviving  members  of  his
aircrew.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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.  The National Personnel Records Center  has
been unable to locate applicant’s records  and  it  is  presumed  they  were
destroyed by fire in 1973.  The  applicant’s  contentions  are  duly  noted;
however, in the absence of official documentation to substantiate the  total
number of combat missions he completed,  we  find  insufficient  documentary
evidence has been presented to warrant awarding him additional  Air  Medals.
Therefore, in the absence of evidence  that  he  completed  a  total  of  40
combat missions, we find no  compelling  basis  to  recommend  granting  the
relief sought in this application.  Should the applicant provide  statements
from other crew members who served with  him  on  the  same  combat  mission
flights and were awarded nine AMs, the Board will reconsider his request.

_________________________________________________________________
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-2004-01457
in Executive Session on 3 August 2004, under the provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. John B. Hennessey, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Apr 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 25 May 04.
    Exhibit C.  Letter, SAF/MRBR, dated 28 May 04.
    Exhibit D.  Letter, Applicant, dated 3 Jun 04.




                                   OLGA M. CRERAR
                                   Panel Chair

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