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AF | BCMR | CY2008 | BC-2007-03733
Original file (BC-2007-03733.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03733
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM) and the Soldiers Medal (SM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  Board  should  consider  the  copy  of  the  very  old   hand   written
recommendation for the contested awards as orders by  the  superior  office,
with the 449th Fighter Squadron at Chengkung Air Base, China.  He was  never
aware of the recommendation by  the  449th  Fighter  Squadron  Commander  in
Chengkung.  At the time, orderly room personnel were  generally  located  at
other  destinations  where  flying  and  ground  personnel   were   located.
Apparently, recommendations of this nature were occasionally  forgotten  and
ended up in baskets and/or individual's file  without  further  action.   He
was made aware of the hand written document after his records  were  cleared
of old documents and given to him for his personal files.

In support of his request, the  applicant  provided  a  personal  statement,
correspondence between his wife and the Air Force Personnel Center and  hand
written recommendations for the BSM and SM.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were partially destroyed by  fire  in
1973 at the National Personnel Record Center (NPRC) in St. Louis,  Missouri.
 Based on the available documentation the following facts are provided:

The applicant entered active duty on 17 March 1942 and retired on 31  August
1964 having served 21 years, 5 months, and 14 days on active duty.

The applicant served from 8 February 1944 to 23 November 1945 in theater.
On 14 September 2002, the applicant submitted a request  to  the  Air  Force
Personnel Center requesting that he be awarded medals and  ribbons  for  his
service during World War II.  His case was administratively  corrected.   On
7 November 2002 and 9 April 2003 DPPRSP advised  the  applicant  that  there
were errors on his  WD  AGO  Form  53-55,  Enlisted  Record  and  Report  of
Separation Honorable Discharge.  DPPRSP found the applicant was entitled  to
the Air Force Commendation Medal, the National Defense  Service  Medal  with
one Bronze Service Star, Asiatic-Pacific Campaign Medal  with  three  Bronze
Service Stars, and the American Campaign Medal.  A DD Form  215,  Correction
to the DD Form 214, Certificate of Release or Discharge  from  Active  Duty,
was issued to the applicant (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states the applicant did not  provide
a service number or a social security number of the  major  who  signed  the
hand-written recommendation; therefore,  DPSIDR  is  unable  to  verify  his
active duty service.  DPSIDR did verify the applicant  was  with  the  449th
Fighter Squadron from 8 February 1944 to 23 November 1945.

After a thorough  review  of  the  applicant’s  limited  military  personnel
record, DPSIDR was unable to find evidence in the  applicant's  record  that
his recommendations for award of the Soldier’s Medal or  Bronze  Star  Medal
were submitted and approved through higher headquarters.

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  evaluation  and   states   not   giving   any
consideration of the possibility of getting killed - he saved  two  soldiers
from a crashed and burning B-24 aircraft in  Chengkung,  China.   During  an
attack by the Japanese, he  shot  down  a  Japanese  bomber  and  helped  to
destroy barracks in Kweilin.  The Japanese had nothing  left  to  use  after
his squadron took over the bases.  He  was  recommended  for  the  contested
award and his actions were witnessed.  Unfortunately, people were  scattered
at different areas in China and no one paid much attention.

The applicant's complete response is at 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 injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing his submission and the  available
evidence of record, we found no evidence which  would  lead  us  to  believe
that he is entitled to the SM and  BSM.   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  failed
to sustain his burden of proof of the existence of an  error  or  injustice.
In the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the  relief  sought.   The  personal  sacrifices  he  has
endured for his country are duly noted and our decision in no way  is  meant
to diminish the high regard we have for  his  service.   Should  he  provide
official documentation that  would  substantiate  his  claim,  we  would  be
willing to reconsider his appeal.

_________________________________________________________________

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 this application in  Executive
Session on 28 May 2008, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard, Jr., Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-03733 was considered:

   Exhibit A.  DD Form 149, dated 27 October 2007, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIDR, dated 31 January 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 15 February 2008.
   Exhibit E.  Letter, Applicant, dated 20 February 2008.





                       JAMES W. RUSSELL III
                       Panel Chair

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