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AF | BCMR | CY2007 | BC-2006-03269
Original file (BC-2006-03269.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03269
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 APR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Medal (AM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the AM for completing 10 missions.

In support of his request, the applicant provided a personal  statement  and
documents extracted from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Portions of the applicant's military personnel  records  were  destroyed  by
fire in 1973 at the National Personnel Record Center (NPRC)  in  St.  Louis,
Missouri.  The available records indicate the following.

Applicant entered active duty on 28 January 1944.  He served as an  Airplane
Armorer Gunner.  On 8 February 1946, he  was  honorably  discharged  in  the
grade  of  staff  sergeant  under  the  provisions  of  Convenience  of  the
Government RR 1-1 (Demobilization) AR 615-365.

The AM is awarded to U.S. and civilian personnel for single acts of  heroism
or  meritorious  achievements  while  participating  in  aerial  flight  and
foreign military personnel in actual combat in support of operations.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommends  denial.   DPPPR  states  they  were  able  to  verify
additional entitlements to  the  American  Campaign  Medal  (ACM),  Asiatic-
Pacific Campaign Medal with one Silver Service Star and one  Bronze  Service
Star (APCM w/1SSS & 1BSS) and World War II Victory  Medal  (WWIIVM).   Newly
awarded awards will be forwarded to the applicant.

They were unable to locate neither award of nor recommendation for award  of
the AM.  Current timelines for submitting decorations is two years from  the
date of the act or achievement.  In the case of World War II decorations,  3
May 1951 was the cut-off for submission.  However,  under  the  Fiscal  Year
1996 National Defense Authorization  Act  (NDAA),  Section  526,  which  was
enacted into law on 10 February 1996, this timeline, has  now  been  waived.
Under this Act, which  lifted  the  time  limitations  on  submitting  award
recommendations, veterans who may make a case for  award  consideration  (or
upgrade of a previously awarded decoration) not previously eligible  because
of these time limits, may now submit for award consideration.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 November 2006, the evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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  AM.   The  Board
notes his entitlement to the ACM, APCM w/1SSS and 1BSS, 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 AM,  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-
03269 in Executive Session on 10 January 2007, under the provisions  of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Oct 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 6 Nov 06, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 06.





                       JAMES W. RUSSELL III
                       Panel Chair

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