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AF | BCMR | CY2006 | BC-2006-01125
Original file (BC-2006-01125.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01125
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXX                     COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  13 October 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC),  the  Air  Medal  Second
Oak Leaf Cluster (AM w/2OLC), and the Presidential Unit Citation (PUC).

_______________________________________________________________

APPLICANT CONTENDS THAT:

He flew over 17 combat missions; therefore, he  believes  he’s  entitled  to
the DFC and an additional oak leaf cluster  to  his  AM.   In  addition,  he
understands he is entitled to the PUC for his participation  in  mine  field
missions with the 504th Bomb Group.

In support of his application, the applicant provides a personal  statement,
a copy of his discharge certificate, and a copy  of  his  record  of  combat
duty.

The applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were destroyed in a fire at the  National  Personnel
Records Center in July 1973.  According to the applicant’s WD AGO  Form  53-
55, Enlisted Record and Report  of  Separation  –  Honorable  Discharge,  he
enlisted in the Regular Army Air Corps on 27 April 1944 at the  age  of  19.
He served as a Remote Control Turret  Mechanic/Gunner.   He  served  in  the
Japan Air Offensive, China Offensive, and  Eastern  Mandates.   On  22 March
1946, he was honorably discharged in the grade of technical  sergeant  under
the convenience of the government (demobilization).  He served  1  year,  10
months, and 26 days on active duty.  His decorations included  the  American
Service Medal, Asiatic Pacific Service Medal, World War  II  Victory  Medal,
Good Conduct Medal, and Air Medal with one oak leaf cluster (AM w/1OLC).

On 15 August 2006, the Air Force Personnel Center Separations Branch  issued
a DD Form 215, Correction  to  DD  Form  214,  adding  the  Asiatic  Pacific
Service Medal with three bronze service  stars  and  the  Presidential  Unit
Citation to the applicant’s records.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request  for  the  award  of
the DFC and the AM/2OLC.  DPPPR states the  applicant’s  available  military
records do not contain recommendations or  special  orders  to  support  his
award of the DFC or the  AM/2OLC.   DPPPR  was  also  unable  to  verify  is
entitlement of these awards from the documentation the applicant  submitted.


The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  25
August 2006, 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.   After  a  thorough  review  of  the
available records, we found no evidence that the applicant is  eligible  for
award of the DFC  or  AM  w/2OLC.   There  is  no  evidence  to  support  he
completed 29 missions required, at that time, for award of the DFC  or  that
he met any other eligibility criteria  for  award  of  the  DFC.   Prior  to
General “Hap” Arnold’s order in 1946 not  to  award  the  DFC  or  AM  based
solely on the number of flight missions completed, we note the  requirements
for members under 20th Air Force were to award the AM for the  5th  and  8th
mission.  Under this criterion the applicant would have been eligible to  be
awarded the  AM  twice  (AM  w/1OLC).   The  applicant’s  records  currently
reflect he was awarded the AM twice and is entitled to the  AM  w/1OLC.   In
reference to the applicant’s request for the PUC, evidence does support  the
applicant’s award of the PUC and we note the Air Force has  administratively
corrected his record  to  reflect  this  award.   We  find  no  evidence  to
indicate the applicant was  treated  any  differently  than  other  military
members with similar accomplishments.  Therefore, we agree with the  opinion
from the Air Force office of primary responsibility that  the  applicant  is
not a victim of error or injustice in regard to award of the DFC or  the  AM
w/2OLC.  The applicant’s heroism  is  noted  and  our  decision  in  no  way
lessens the value of his military contributions, nor does  it  diminish  the
high regard we have for his service.  Nevertheless, in view  of  the  above,
we find no basis to favorably  consider  his  request  for  the  DFC  or  AM
w/2OLC.

_________________________________________________________________

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 this application in  Executive
Session on 24 October 2006, under the provisions of AFI 36-2603:

                  Mr. Michael V. Barbino, Panel Chair
                  Mr. James L. Sommer, Member
                 Mr. Vance E. Lineberger, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-01125:

      Exhibit A.  DD Form 149, dated 7 Apr 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 15 May 06, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 25 Aug 06.




                                                   MICHAEL V. BARBINO
                                                   Panel Chair

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