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AF | BCMR | CY2006 | BC-2006-00935
Original file (BC-2006-00935.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00935
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  8 AUG 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to upgrade  his  Distinguished  Flying  Cross
(DFC) to the Silver Star (SS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was originally submitted for the SS but it was  downgraded  to  the
DFC.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the New Mexico  National  Guard  on  18 July
1939.  He was inducted into active duty on 16 September 1940.  He  was
honorably discharged on 13 January 1943 to accept a commission.  On 14
January 1943, the applicant entered the  Army  of  the  United  States
(AUS), Air-Reserves as a second lieutenant.

On 19 June 1953 per General Order 408, the applicant was  awarded  the
DFC with first Oak Leaf Cluster (OLC) for meritorious  achievement  on
25 November 1952.

On 2 July 1953 per General Order 445, the applicant  was  awarded  the
DFC with second OLC for his acts of heroism on 31 October 1952.

His records also reflect he was awarded the Air Medal  with  13  OLCs,
Good Conduct Medal (GCM)  Army  Defense  Service  Medal  (ADSM),  Army
Commendation  Medal  (ACM),  European-African-Middle-Eastern  Campaign
Medal (EAMECM), World War II Victory Medal (WWIIVM),  Army  Occupation
Medal (AOM), National Defense Service Medal (NDSM) with 1 Bronze  Star
(BS), Air Force Reserve Medal (AFRESM), Air Force Expeditionary  Medal
(AFEM), United Nations Service  Medal  (UNSM),  Korean  Service  Medal
(KSM), Republic of Korea  Presidential  Unit  Citation  (ROKPUC),  Air
Force Longevity Service Award (AFLSA) with 5 OLCs, Small  Arms  Expert
Marksmanship Ribbon (SAEMR), Air Force Outstanding Unit Award (AFOUA),
and the Republic of Vietnam Commendation Medal (RVCM).

The applicant submitted via Senator Domenici office a request to  have
his DFC upgraded to a SS.  HQ AFPC/DPPPRA in response to  the  request
informed the Senator’s office that  they  were  unable  to  verify  or
locate any official documentation recommending the applicant  for  the
SS.  They also informed him of the requirements for the 1996  National
Defense Authorization Act to  have  a  decoration  upgraded.   Further
without evidence to verify the applicant was recommended  for  the  SS
his request could not be favorably considered.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested relief be denied.  DPPPR states
all decorations, with the exception of the  Purple  Heart,  require  a
written  recommendation.    They   cannot   verify   the   applicant’s
eligibility for the SS.  His  records  do  not  reflect  that  he  was
recommended for, or awarded the SS.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states the  reason
there is no documentation for the SS is it was changed before it  left
the base.  He further states why  would  he  write  a  letter  on  the
subject years later to his squadron commander if he had not told  him,
and confirmed by the squadron Awards and Decoration  officer  that  he
was citing me for the SS.

His request to get what he apparently deserves hinges on three factors
1) He is telling the truth, 2) Was there any reason  to  believe  that
during that period racial and ethnic factors were a reality throughout
the country and in the  Armed  Forces  and  3)  the  mission  it  self
(Exhibit E).

_________________________________________________________________

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  to
upgrade his DFC to a SS.  A written recommendation must  be  submitted
through the proper channels in order for a  servicemember  to  receive
the SS.  After thoroughly reviewing the applicant’s military personnel
records, we found no evidence to verify he was recommended for the SS.
 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-
2006-00325 in Executive Session on 24 May 2006, under  the  provisions
of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Reginald P. Howard, Member
                       Mr. James A. Wolffe, Member

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

      Exhibit A. DD Form 149, dated 17 Mar 06, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 11 Apr 06.
      Exhibit D. Letter, SAF/MRBR, dated 14 Apr 06.
      Exhibit E. Letter, Applicant, dated 22 Apr 06.




                             MICHAEL J. NOVEL
                             Panel Chair

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