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AF | BCMR | CY2007 | BC-2007-00590
Original file (BC-2007-00590.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00590
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  31 AUGUST 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should receive the DFC for his actions in July 1944.

In support of his  request,  the  applicant  provided  a  letter  from
National Personnel Records Center (NPRC), Congressional  Inquiry  from
Congressman Tim Mahoney’s office.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973  fire  at  the
National Personnel Records Center (NPRC).

The available records reveal the applicant served on  active  duty  in
the Air Corps of the Army of the United States (AUS) from 9 March 1943
through 8 September 1945.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested relief be denied.   They  state
the DFC is awarded to any servicemember of the  Armed  Forces  of  the
United States who shall have distinguished themselves in actual combat
in support of operations  by  “heroism  or  extraordinary  achievement
while participating in an aerial  flight  subsequent  to  11  November
1918.

They further state no official documentation (special order, citation,
recommendation) was located to verify the applicant’s  entitlement  to
the DFC.  The applicant must provide an  official  recommendation  and
proposed citation for award of the DFC, in order for their  office  to
submit this request to the Board for consideration.

The applicant may pursue the DFC under  the  provisions  of  the  1996
National  Defense  Authorization  Act  (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.

A complete copy of the Air Force 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
13 April 2007, for review and response.  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 an error or  an  injustice.   We  took  note  of  the
documentation provided in support of the applicant’s request for award
of the  DFC.   After  thoroughly  reviewing  the  available  personnel
records, we found no  evidence  to  verify  he  was  eligible  for  or
recommended for the award.  Nor, is there any  available  evidence  in
the applicant’s records indicating he met the criteria  for  the  DFC.
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.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2007-00590 in Executive Session on 14 June 2007, under the  provisions
of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Glenda H. Scheiner, Member
                       Mr. Michael F. McGhee, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-00590 was considered:

      Exhibit A. DD Form 149, dated 21 Dec 04, w/atchs.
      Exhibit B. Available Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 2 Apr 07.
      Exhibit D. Letter, SAF/MRBR, dated 13 Apr 07.




                             JAMES W. RUSSELL III
                             Panel Chair

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