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AF | BCMR | CY2006 | BC-2006-00208
Original file (BC-2006-00208.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00208
            INDEX CODE:  107.00
      XXXXXXXXXXXXXXX (DECEASED)  COUNSEL:  NOT INDICATED

      XXXXXXXXXXXXXXX  HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 JUL 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s records be corrected to show he was awarded  the  Bronze
Star Medal (BSM) and the New Jersey Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She recently found out World War II soldiers  were  eligible  for  the
BSM.

In support of her  request,  the  applicant  submits  a  copy  of  the
member’s Army of the United States Honorable Discharge Certificate, WD
AGO Form 53-55, Enlisted Record and Report of Separation and a copy of
her husband’s Certificate of Death.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by  fire
at the National Personnel  Records  Center  in  1973.   The  available
records reflect the former member enlisted in the Army Air Corps on 18
June 1943, and separated on 22 March 1946.  His report  of  separation
shows he served during World War II, and in  the  Central  Burma-China
and India Burma Campaigns.

His record reflects award of the Air Force  Good  Conduct  Medal,  the
WWII Victory Medal, the American Service Medal and the Asiatic Pacific
Service Medal.  He served 2 years, 9 months  and  19  days  of  active
military service.

The BSM may be  awarded  for  heroic  or  meritorious  achievement  or
service, not involving participation in aerial flight,  in  connection
with military operations against an armed enemy.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFPC/DPPPR recommends denial.  DPPPR states the  Army  policy  was
implemented that authorized  the  retroactive  award  of  the  BSM  to
soldiers who had received the Combat Infantryman Badge or  the  Combat
Medical badge during WWII, however; the applicant’s husband’s  records
do not reflect award of the Combat Infantryman Badge.

DPPPR states that office is unfamiliar with  the  NJ  Medal  and  only
verifies DoD awards and Decorations.

The DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
March 2006, for review and comment 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  probable  error  or  injustice.   After  thoroughly
reviewing  the  evidence  of  record  and   noting   the   applicant’s
contentions, we are not persuaded the member’s records are in error or
unjust.  The personal sacrifice the applicant’s  husband  endured  for
his country is noted and our decision should  in  no  way  lessen  his
service; however, insufficient documentary evidence has been presented
to warrant awarding him the Bronze Star Medal (BSM).  We  took  notice
of the applicant's complete submission in judging the  merits  of  her
request  for  the  BSM;  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  there  exists  no
error or injustice in her late husband’s military records.  Therefore,
in the absence of evidence to the  contrary,  we  find  no  compelling
basis to recommend awarding the BSM.

4.    We note the New Jersey Medal is awarded  by  the  State  of  New
Jersey to veterans who resided in the  State  at  the  time  of  their
service in the armed forces.  As such, the Board is without  authority
to award this decoration.  Therefore, it is  suggested  the  applicant
contact the State of New Jersey, Department of Veterans  and  Military
Affairs, at NJDMAVA, P.O. Box 340, Trenton, NJ,  08625-0340,  in  this
regard.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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 no considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
00208 in Executive Session on 27 April 2006, under the  provisions  of
AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Sharon B. Seymour, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Jan 06, w/atchs.
      Exhibit B. Letter, AFPC/DPPPR, dated 16 Feb 06.
      Exhibit C. Letter, SAF/MRBR, dated 3 Mar 06.





      RICHARD A. PETERSON
      Panel Chair


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