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AF | BCMR | CY2006 | BC-2005-03521
Original file (BC-2005-03521.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03521
            INDEX CODE:  107.00

            COUNSEL:  NOT INDICATED

      153-03-8456      HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  21 MAY 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His late father’s WD  AGO  Form  53-55  -  Enlisted  Record  and  Report  of
Separation, be corrected to include award of the Bronze Star Medal (BSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The BSM is not included on his father’s separation documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

Portions of the servicemember's military personnel  records  were  destroyed
by fire in 1973 at the  National  Personnel  Record  Center  (NPRC)  in  St.
Louis, Missouri.  The available records indicate the following.

On 11 February 1941, the  servicemember  was  inducted  and  entered  active
service into the Army of the United States (Air Corps).

On 23 October 1945, the servicemember was honorably discharged in the  grade
of private first class under the provisions of  AR 615-365  (Convenience  of
the Government/Demobilization).  He served 3 years, 3 months,  and  28  days
of total active duty service.






The servicemember’s WD AGO Form 53-55 indicates the  servicemember  received
the following decorations and medals:  the American Service Medal,  Asiatic-
Pacific Service Medal, Good Conduct Medal, and  the  Philippines  Liberation
Ribbon with Bronze Star.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial indicating to be awarded  the  BSM,  a  member
while serving in any capacity with the Armed Forces of the United States  on
or after 7 December 1941, shall have  distinguished  himself  by  heroic  or
meritorious  achievement  or  service.   They   verified   the   applicant’s
entitlement to the Asiatic Pacific Campaign Medal with four  Bronze  Service
Stars, the World War II Victory Medal, the  American  Campaign  Medal  (also
known  as  the  American  Service  Medal),  Good  Conduct  Medal,  and   the
Philippines  Liberation  Ribbon  with  Bronze  Star.   The   servicemember’s
military record  will  be  updated.   The  applicant  did  not  furnish  any
additional documentation to substantiate his father’s  claim  for  the  BSM.
On 16 December 2005,  they  sent  the  applicant  an  electronic  mail  gram
requesting the special order to confirm authentication of the award  of  the
BSM.  As of the date of this advisory, a response  had  not  been  received.
They also provided the applicant with the criteria for award of the BSM.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 January 2006, 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after reviewing the evidence of record  we  agree  with  the
opinion and recommendation of the Air Force and adopt its rationale  as  the
basis for our conclusion that the servicemember has not been the  victim  of
an  error  or  injustice.   We  note  there  are   no   documents   in   the
servicemember’s available military personnel record  which  reflect  he  was
awarded or recommended  for  award  of  the  BSM.   AFPC/DPPPR  advised  the
applicant to provide documentation to substantiate his claim that  his  late
father is entitled to award of the BSM; however, he did not respond.   Also,
the applicant was advised of the decoration  recommendation  procedures  and
the criteria for award of the BSM.  We note  AFPC/DPPPR  has  indicated  the
servicemember is entitled to the Asiatic Pacific Campaign  Medal  with  four
Bronze Service Stars and the World War II Victory Medal,  and  these  awards
have been added to the servicemember’s record.   We  believe  it  should  be
pointed out that the servicemember's decorated  service  and  sacrifice  for
his country has not gone unnoticed.  Notwithstanding this, no  evidence  has
been presented which has shown to our satisfaction  that  the  servicemember
met the established criteria for award of the  BSM.   Should  the  applicant
provide documentation to substantiate his claim,  we  would  be  willing  to
reconsider his appeal.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-
03521 in Executive Session on 15 February 2006, under the provisions of  AFI
36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 June 05, w/atch.
   Exhibit B.  Available Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 30 Dec 05.
   Exhibit D.  Letter, SAF/MRBR, dated 13 Jan 06.





                       KATHLEEN F. GRAHAM
                       Panel Chair

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