RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01060
INDEX CODE: 107.00
COUNSEL: None
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 31 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Distinguished Flying Cross (DFC), the Air Medal with
5th Oak Leaf Cluster (AM 5OLC), and [presumably] the European Theater
of Operations Medal (ETOM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant makes no contentions.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records appear to have been destroyed by the 1973 fire
at the National Personnel Records Center (NPRC). The only available
document is NA Form 13038, Certificate of Military Service, issued on
24 Jun 99, indicating the applicant was a member of the Army from
7 Oct 43 to 2 Oct 45, and was honorably released from active duty as a
first lieutenant.
As no records are available to review, no advisory was obtained in
accordance with established policy.
On 19 May 05, the AFBCMR Staff invited the applicant to submit copies
of any documentation he may have with regard to his military service
and, in particular, his specific request. However, the applicant has
not responded.
_________________________________________________________________
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
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant awarding the applicant
the requested DFC, the AM, and the ETOM. The applicant’s records
apparently were destroyed by the 1973 fire at the NPRC. The only
existing document verifies his service from 7 Oct 43 to 2 Oct 45, but
neither the archives nor the applicant has produced any documents
demonstrating his entitlement to the awards in question. Despite
being invited to provide any materials he may have pertaining to his
military service in general and the requested decorations in
particular, the applicant has not responded. As such, we have no
choice but to conclude the applicant has not established that an error
or an injustice has occurred in this matter. In view of the above and
absent persuasive evidence to the contrary, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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 4 August 2005 under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Terry L. Scott, Member
Mr. James W. Russell III, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01060 was considered:
Exhibit A. DD Form 149, dated 16 Jan 04.
Exhibit B. NA Form 13038, dated 24 Jun 99.
Exhibit C. Letter, AFBCMR, dated 19 May 05.
THOMAS S. MARKIEWICZ
Chair
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