RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03359
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 MAY 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal and the Distinguished
Flying Cross (DFC) which were listed on the AFRS4 Fm#35-24, dated
4 Jul 45.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been awarded the PH and the DFC.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on available records, applicant enlisted in the Army Air
Corps on 14 Dec 43 and was honorably discharged on 5 Nov 45 in the
grade of staff sergeant. He was credited with 1 year, 10 months,
and 22 days of active military service, with 7 months and 5 days of
that time as foreign service.
He was awarded the World War II Victory Medal, Air Medal, with One
Silver Oak Leaf Cluster (1SOLC), the Euro-African Middle Eastern
(EAME) Campaign Ribbon, with 3 Bronze Stars, and the Good Conduct
Medal.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR reviewed this application and recommended denial,
stating, in part, that applicant states he was awarded the DFC and
the PH, but was never listed on his WD AGO Form 53-55. His records
were burned in the National Personnel Record Center (NPRC) fire.
On 25 Jan 06, applicant was notified of the criteria for award of
the DFC and the PH. He was asked to provide additional information
which would substantiate his claim; however, he did not respond.
They found no evidence in the applicant’s military personnel
records that supports that he was awarded the DFC or was injured as
a direct result of enemy action; therefore, he is not entitled to
these award.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 17 Mar 06 for review and comment within 30 days. As of this
date, no response has been received by this office (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. 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 its rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. AFPC/DPPPR requested supporting
documentation from the applicant to substantiate his eligibility
for award of the Purple Heart and the Distinguished Flying Cross;
however, he did not respond. The Board noted that the applicant’s
records were burned in the NPRC fire. Therefore, should the
applicant provide documentation to substantiate his claim, we would
be willing to reconsider his petition. In view of the above, we
find no 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 AFBCMR Docket Number
BC-2005-03359 in Executive Session on 18 April 2006, under the
provisions of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Ms. LeLoy W. Cottrell, Member
Ms. Cathlynn B. Sparks, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 9 Mar 06.
Exhibit D. Letter, SAF/MRBR, dated 17 Mar 06.
JOHN B. HENNESSEY
Panel Chair
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