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AF | BCMR | CY2006 | BC-2006-01518
Original file (BC-2006-01518.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01518
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  2 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late brother’s records be corrected to reflect:

     a) Credit for the Bismarck Archipelago  and  China  Campaigns  and  the
entitlement to two Bronze Service Stars for these campaigns.

     b) Award of the Army of Occupation Medal (AOM).

[EXAMINER’S NOTE:  AFPC/DPPPR has verified the member’s entitlement  to  the
two additional service stars; therefore, the only issue  remaining  for  the
Board to decide is the AOM.]

_________________________________________________________________

APPLICANT CONTENDS THAT:

Both campaigns were listed on her deceased  brother’s  separation  document,
but they were not acknowledged by  the  National  Personnel  Records  Center
(NPRC).  Credit for these campaigns would give her brother  the  one  Silver
Service Star and an additional two Bronze Service  Stars  for  the  Asiatic-
Pacific Campaign Medal.

Also, he served in Asia until  September  1945;  he  even  photographed  the
peace signing.  He was not sent back to the USA until September 1945.   This
entitles him to the Army of Occupation Medal.

In support of her request, applicant provided a copy of her  late  brother’s
WD AGO Form 53-55, Enlisted Record and  Report  of  Separation  –  Honorable
Discharge, a letter from the NPRC, her brother’s death  certificate,  and  a
copy of her drivers license.

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

_________________________________________________________________



STATEMENT OF FACTS:

The former servicemember’s military personnel records were destroyed in  the
1973 fire at the NPRC.

The following information was extracted from  applicant’s  submission.   His
WD AGO 53-55, reveals he was inducted into the Army  of  the  United  States
(Air Corps), on 2 Jul 43, and entered active service on  23  Jul  43  as  an
aerial photographer.   He  was  credited  with  the  following  battles  and
campaigns:   Air  Offensive  Japan,  New   Guinea,   Southern   Phillippines
(Liberation),  Luzon,  Western  Pacific,  Bismarck  Archipelago,  and  China
Campaign.  He was awarded the  Asiatic-Pacific  Theater  Ribbon  w/2  Bronze
Service Stars, Philippine Liberation Ribbon, Good  Conduct  Medal,  and  the
Air Medal with 2 Bronze Clusters.  He served in the Asiatic-Pacific from  18
May 44 to 10 Sep 45.  He was honorably discharged in the grade of  technical
sergeant  on  24  Oct  45,   for   the   Convenience   of   the   Government
(Demobilization).

On 9 Aug 06, AFPC/DPPPR verified the former servicemember’s  entitlement  to
the Asiatic-Pacific Campaign Medal with one  Silver  Service  Star  and  two
Bronze Service Stars.  The additional service stars  will  be  sent  to  the
former servicemember’s sister.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE   recommends   denial.    They   are   unable   to   verify   the
servicemember’s entitlement to the AOM due to the inclusive time  period  he
served.  The AOM is awarded for military service of 30 or  more  consecutive
days of duty in the Asiatic-Pacific Theater between 3 Sep 45 and 2  Mar  46.
The member departed the Asiatic-Pacific Theater on 10 Sep  45;  which  makes
him ineligible for the AOM.  He only served  seven  days  during  the  award
inclusive time period.

The DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 Sep 06, 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   Therefore,
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  Docket  Number     BC-2006-
01518 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  pertaining  to  Docket  Number  BC-2006-
01518 was considered:

    Exhibit A.  DD Form 149, dated 8 May 06, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 9 Aug 06.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Sep 06.




                                             MICHAEL V. BARBINO
                                             Panel Chair

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