RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01231
                                 Case 4
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 22 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect an Air Force award in  recognition
for his assistance to a civilian pilot in distress in 1957.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The medal request was not submitted.

In support of his request, the applicant provided a copy  of  an  USAF
Officer Effective Report.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 20 November 1944, the applicant was commissioned in the  Air  Corps
(AC) of the Army of the United States (AUS)  as  a  second  lieutenant
(2Lt).

The applicant’s DD Form 214 reflects he  was  awarded  the  Air  Force
Longevity Service Award with 2 Bronze Oak Leaf  Clusters  (AFLSA  w/2B
OLCs), Distinguished Flying  Cross  (DFC),  Air  Force  Reserve  Medal
(AFRESM), Missile Badge, Information Badge, Air Medal with one  Bronze
Oak Leaf Cluster (AM w/1B OLC),  Air  Force  Longevity  Service  Award
Ribbon with four Oak Leaf Clusters, Presidential Unit Citation  (PUC),
Army Good Conduct Medal, Army of Occupation  Medal  (Japan),  National
Defense Service Medal with one Bronze Service  Star  (NDSM  w/1  BSS),
Republic of Korea Presidential Unit
Citation, Asiatic Pacific Campaign Medal with 2 Bronze Service  Stars,
Small Arms Expert Marksmanship Ribbon, Korean Service Medal  with  two
Bronze Service Stars, World War II Victory  Medal  (WWIIVM),  and  the
United Nations Service Medal (UNSM).

The applicant was honorably retired on  14  March  1967.   He  had  20
years, 5 months and 19 days of satisfactory service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the  requested  relief  be  denied.   AFPC/DPPPR
states the Air Force Instruction (AFI) 36-2803, paragraph 3.3,  states
“Forward all recommendations through the normal chain  of  command  of
the person being recommended.  The commander or vice commander at each
headquarters designated to review recommendations must personally view
and sign the  forwarding  endorsement  for  each.   Each  intermediate
commander must recommend approval or disapproval of the recommendation
or recommend award of a higher or lesser decoration.”  Or  can  submit
under the 1996 National Defense Authorization Act (NDAA) rules.

DPPPR further states  after  a  thorough  review  of  the  applicant’s
military  records  they  were  unable  to   locate   evidence   of   a
recommendation for, or an award.  All military decorations  require  a
written  recommendation  from  a  recommending  official  within   the
member’s chain of command or some with firsthand knowledge.

AFPC/DPPPR provided the applicant the current procedures to  submit  a
recommendation for decoration under the provisions of the  1996  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.

The applicant in 1997 wrote requesting an award for the assistance  he
provided in 1957 to the civilian pilot in distress.  In reply  letters
to the applicant and his son they were provided  guidance  on  how  to
submit an awards package and information on  retrieving  documentation
to support their case.  The applicant did not respond to  the  request
with a specific award or recommendation or eyewitness statements.  The
most  recent  award   request   was   incomplete.    Furthermore,   no
documentation was
located in the applicant’s military records to support  the  applicant
was awarded an award for his assistance in 1957 to the civilian pilot.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  evaluation  and  states  the
recommendation to deny his request  based  on  the  fact  one  of  the
criteria:  “be made by someone, other than the member himself, in  the
member’s chain of command at the time of the incident,  and,  who  has
firsthand knowledge of the acts or achievement,”.

Both commander of the 31st Air Division and officers in his  chain  of
commander are deceased.  A possible witness was located;  however,  he
did not remember the incident (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  for  an
award for his assistance to a civilian  pilot  in  distress  in  1957.
After thoroughly reviewing the available personnel records,  we  found
no evidence to verify he was eligible for or recommended for an award.
  Military  decorations  require   written   recommendation   from   a
recommending official within the servicemember’s chain of  command  or
someone with first hand knowledge; or submit a recommendation  for  an
award under  the  Fiscal  Year  1996  NDAA.   The  office  of  primary
responsibility forwarded the applicant the criteria for  submitting  a
recommendation for an award under the  Fiscal  Year  1996  NDAA.   The
applicant submitted requests that were  incomplete  with  no  specific
request of which award, or eyewitness statements.  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-
2006-01231 in Executive  Session  on  14  September  2006,  under  the
provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Mar 06, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR dated 6 May 06.
      Exhibit D. Letter, SAF/MRBR, dated 19 May 06.
       Exhibit E. Applicant’s Response, dated 8 Jun 06.





                 WAYNE R. GRACIE
                 Panel Chair