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AF | BCMR | CY2006 | BC-2006-00870
Original file (BC-2006-00870.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00870
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 SEPTEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Distinguished
Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He flew 35 missions in a B-17 and never  received  the  DFC.   He  was
overlooked.

In support of his request, applicant provided a copy of  his  Enlisted
Record and Report of Separation  Honorable  Discharge  and  a  Consent
Release from Congressman Fitzpatrick’s office.

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 applicant served on  active  duty  in
the Army of the United States (AUS) from 6 December  1943  through  10
October 1945.

The records further reflect he was  awarded  the  Good  Conduct  Medal
(GCM), Air Medal (AM) with five Oak  Leaf  Clusters  (OLCs),  European
African Middle Eastern Campaign Medal (EAME) with  three  Bronze  Star
(BSs).

On 31 May 2006, HQ AFPC/DPPRSP informed the applicant his  eligibility
for the American Campaign Medal and the World War II
Victory  Medal  had  been   verified   and   his   records   will   be
administratively corrected to add the medals to his DD Form 214.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested relief be  denied.   AFPC/DPPPR
states General Arnold in 1946 ordered theater commanders not to  award
the DFC based  solely  on  the  number  of  missions  completed;  each
decoration had to have a signed and endorsed  recommendation  package,
and forwarded through administrative channels to  the  final  approval
authority.

HQ AFPC/DPPPR further states the applicant may pursue the AM under the
provisions of the 1996 National Defense Authorization Act (NDAA).  The
timeline for submitting decorations is two years from the date of  the
act or achievement.  However,  this  Act  waived  the  timeline.   The
submission for the award must be written and meet two criteria:  1) be
made by someone other than the servicemember, in  the  servicemember’s
chain of command at the time of the incident, and, who  had  firsthand
knowledge of the acts or achievements; and 2) be submitted  through  a
congressional member who can  ask  a  military  service  to  review  a
proposal for a decoration based on the merits of the proposal and  the
award criteria in existence when the event occurred.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
June 2006, for review and response.  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  an  injustice.   We  took  note  of  the
documentation provided in support of the applicant’s request for award
of the  DFC.   After  thoroughly  reviewing  the  available  personnel
records, we found no  evidence  to  verify  he  was  eligible  for  or
recommended for the award.  Nor, is there any  available  evidence  in
the applicant’s records indicating he met the criteria  for  the  DFC.
While we are not unmindful or unappreciative  of  the  servicemember’s
service to his Nation, in the absence of evidence to the contrary,  we
find no compelling 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-
2006-00870  in  Executive  Session  on  15  Augsut  2006,  under   the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. LeLoy W. Cottrell, Member
                       Ms. Karen A. Holloman, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-00325 was considered:

      Exhibit A. DD Form 149, dated 15 Mar 06, w/atchs.
      Exhibit B. Available Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 3 Apr 06.
      Exhibit D. Letter, SAF/MRBR, dated 9 Jun 06.




                             RICHARD A. PETERSON
                             Panel Chair

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