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AF | BCMR | CY2006 | BC-2006-00875
Original file (BC-2006-00875.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00875
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 SEP 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he is entitled to award of  the  DFC.   He  never  received  the
award because he was sent from England to California before  the  DFC  could
be awarded.

In support of his request, the applicant provided  copies  of  documentation
extracted from his military personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, on 18 March 1944, the applicant  entered
active duty.  On 2 November 1945, the applicant was honorably discharged  in
the grade of second lieutenant under the provisions of RR 1-5.  He served  1
year, 7 months, and 14 days on active duty.

The applicant’s Military Record and  Report  of  Separation  Certificate  of
Service indicates he received the Air Medal with five oak leaf clusters  (AM
w/5OLC).

A DD Form 215, Correction to DD Form 214, dated 31 May 2006, indicates on  2
November 1945,  the  applicant  was  awarded  the  European  African  Middle
Eastern  Service  Medal  with  four  Bronze  Service  Stars  (EAME  w/4BSS),
American Campaign Medal (ACM), and the World War II Victory Medal (WWIIVM).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial.   DPPPR  states  the  applicant’s   military
personnel  record  does  not  contain  a  recommendation  or  special  order
indicating he was recommended or awarded  the  DFC.   DPPPR  was  unable  to
verify his entitlement to the DFC through his military record.

DPPPR verified the applicant was awarded during his military career  the  AM
w/5OLC and the EAME w/4BSS.  Additionally, DPPPR  verified  his  entitlement
to the ACM and the WWIIVM.  The  applicant’s  WD  AGO  Form  53-55  will  be
updated to reflect the aforementioned awards not previously listed.

The DPPPR’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 June 2006, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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  along  with  the
applicant’s  submission,   the   Board   agrees   with   the   opinion   and
recommendation of the Air Force and adopts its rationale as  the  basis  for
their conclusion that the applicant has not been the victim of an  error  or
injustice.  The Board notes evidence has not been provided and there  is  no
documentation in the applicant’s  military  personnel  record,  which  would
substantiate that he was recommended for or awarded the DFC.  The  Board  is
not unmindful or unappreciative of his service to this  Nation  and  further
notes his entitlement to the EAME w/4BSS, ACM, and  the  WWIIVM,  and  these
medals have been added to his military record.  However, in the  absence  of
evidence which would show to the satisfaction of the Board  his  entitlement
to award of the DFC, the Board finds no  basis  to  favorably  consider  his
request.  Therefore, in the absence of evidence to the contrary,  the  Board
finds 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-2006-
00875 in Executive Session on 18 July 2006, under the provisions of AFI  36-
2603:

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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Feb 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, not dated.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 06.



                 KATHLEEN F. GRAHAM
                 Panel Chair


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