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AF | BCMR | CY2007 | BC-2006-03581
Original file (BC-2006-03581.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03581

            INDEX CODE:      107.00
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 MAY 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  he  was  awarded  the  Distinguished
Flying Cross (DFC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was an aircrew member in a plane that crashed during World  War  II
and recently found out that all members of the crew received  the  DFC
with the exception of  himself.   He  believes  he  should  have  been
awarded the DFC if the rest of the crew was awarded the medal.

In support of his request, applicant submits a personal statement, and
excerpts from his military personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records reflect he enlisted in the Army
Air Corps on 5 May 1941.  He was the gunner of a B-25 aircrew that was
shot down over the Pacific on 20 July 1943.  The crew was  rescued  on
21 July 1943 and returned to home base.  The applicant  was  taken  to
Tulagi Island Navy Hospital on 22 July 1943.   He  was  released  from
active duty on 2 May 1957 and served a total of 10 years, 4 months and
8 days active duty service.

His report of separation reflects award of the Occupational  Medal  of
Japan, the American Defense Service Medal, the Asiatic-Pacific Theater
Ribbon w/4 Bronze Stars, the Air Medal with One Oak Leaf  Cluster  (AM
w/1 OLC).

In 1996, the applicant submitted a request for  the  DFC  through  his
congressman.  He was informed  by  AFPC/DPPPRS  they  were  unable  to
determine his entitlement to the award and his records did not contain
a recommendation or orders indicating he was awarded the DFC.  He  was
also sent the requirements for applying for Air Force decoration.

On 4 December 2006, AFPC/DPPRS reviewed his military personnel records
and determined he was eligible for the Purple Heart (PH).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states  a  congressional  inquiry
located in the applicant’s official record verifies he  was  sent  the
requirements for applying for Air Force decorations in 1996.   He  did
not  provide  any  additional  documentation  to   help   verify   his
entitlement to the DFC.  DPPPRA was able to verify his entitlement  to
the Purple Heart (PH).

The DFC is awarded to any officer or enlisted man of the Armed  Forces
who shall have distinguished himself in actual combat  in  support  of
operations   by   “heroism   or   extraordinary   achievement    while
participating in an aerial flight.  They are unable to locate official
documentation to verify his entitlement to the DFC.

The AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
15 Dec 06, for review and comment within 30 days.  As of this date, no
response has been received by this office.

________________________________________________________________

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.  In  regard  to  the  applicant’s
request for the PH, we note AFPC/DPPPRA determined his eligibility for
the PH and his records will be administratively corrected  to  reflect
that award.  After a thorough review of the applicant’s submission and
the available evidence of record, we are not persuaded  the  applicant
should be awarded the DFC.  We took notice of the 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 an injustice.  In the
absence of persuasive 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-
03581 in Executive Session on 6 February 2007, under the provisions of
AFI 36-2603:

                 Mr. James W. Russell, Panel Chair
                 Mr. Jeffery R. Shelton, Member
                 Ms. Dee R. Reardon, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Nov 06, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 4 Dec 06.
      Exhibit D. Letter, SAF/MRBR, dated 15 Dec 06.




      JAMES W. RUSSELL III
      Panel Chair

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