RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03090
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant requests that his DD Form 214 be corrected to reflect he
was awarded the Army of Occupation-Germany (AOM-G) and the World War
II Victory Medal (WWIIVM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The medals were on his original DD Form 214. When he requested a
duplicate copy of his DD Form 214 the medals were not listed.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military records were destroyed in the 1973 fire at the
National Personnel Records Center (NPRC).
The available records reveal the servicemember served on active duty
from 7 April 1949 through 6 November 1952. The DD Form 214 reflects
he had 2 years, 5 months and 15 days of foreign service. His DD Form
214 further reflects he was awarded the Japanese Occupation Medal,
Korean Service Medal (KSM), Meritorious Unit Citation, Good Conduct
Medal (GCM) (First Clasp) and the United Nations Service Medal. He
served six years and seven months of total active military service.
On 8 October and 5 November 2004, SAF/MRBR informed the applicant that
the records needed to answer his inquiry were not available and due to
the absence of his military records involving an earlier enlistment,
his entitlement to the awards could not be verified.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR states they have thoroughly researched the applicant’s
official military records and the documentation he provided and were
unable to find the required documentation to process his application.
Therefore, they recommend the requested belief be denied.
A complete copy of the evaluation, with attachments, is attached at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 December 2004, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or an injustice to warrant partial relief. We
took note of the available military records and the documentation the
applicant provided in support of his request for award of the Army of
Occupation-Germany and the World War II Victory Medal. In regard to
the Army of Occupation-Germany Medal, we agree with the opinion and
recommendation of the Air Force and adopt its rationale as the basis
for our decision that the applicant has failed to sustain his burden
that he has suffered either an error or an injustice. Neither, the
applicant nor his military records provided any documentation showing
he was assigned or on temporary duty in Germany. Although we do not
have the exact dates of his service during World War II, it appears
from the available documentation in the applicant’s military records
he served on active duty during World War II which would entitle him
to the World War II Victory Medal. In view of the foregoing and in
recognition of his service to the nation, it is our opinion that any
doubt should be resolved in the applicant's favor. Therefore, we
recommend that his records be corrected as indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that he was awarded the
World War II Victory Medal.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2004-03090 in Executive Session on 3 and 23 February 2005 under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Renee M. Collier, Member
Ms. Cheryl V. Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Sep 04, w/atchs.
Exhibit B. Avaialble Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 3 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 17 Dec 04.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2004-03090
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air Force
relating to, , be corrected to show that he was awarded
the World War II Victory Medal.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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