RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00108
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His grandfathers WD AFO Form 53-55, Enlisted Record and
Report of Separation Honorable Discharge be corrected to reflect
the following:
a. Block 5, Component, add Italy and Africa.
b. Block 6, Organization, to read 20th 30th 41st, and 43rd.
c. Block 22, Date of Induction, should be blank.
d. Block 22 Date of Enlistment, should reflect the date he
enlisted.
e. Block 24, Date of Entry into Active Service,
no correction identified.
f. Block 31, Military Qualification and Date, add the
Gunner Badge.
g. Block 32, Battles and Campaigns, add the Asiatic and
American Campaigns.
h. Block 33, Decorations and Medals, add the Asiatic-Pacific
Campaign Medal (APCM) w/devices; American Campaign Medal (ACM)
w/devices; Distinguished Unit Citation (DUC) w/devices
Presidential Unit Citation (PUC) w/devices; Air Force Outstanding
Unit Award (AFOUA) w/devices; Gallantry Cross Ribbon; Army of
Occupation Medal (AOM-G) (AOM-J) w/Germany and Japan Clasp;
Presidential Unit Citation-Philippines (PRPUC); Presidential Unit
Citation-Korea (ROKPUC); World War II Victory Medal (WWIIVM);
Philippine Liberation Ribbon (PLR); and add five oak leaf
clusters (OLCs) to his grandfathers previously awarded Air Medal
(AM).
i. Block 36, Service Outside Continental U.S. and Return
gaps.
2. His honorable discharge certificate reflect his units of
assignment.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. His deceased grandfathers records were damaged during the
fire at the National Personnel Records Center in St Louis,
Missouri.
2. His WD AGO Form 53-55 has errors, is missing details and he
has spent a lot of time trying to correct his grandfathers
records close to where they were before the fire.
In support of his request, the applicant provides copies of his
grandfathers WG AGO Form 53-55; National Archives and Records
Administration Form 13059, Transmittal of and/or Entitlement to
Awards; photos, death certificate, and Wikipedia online
Encyclopedia and book references.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Feb 42, the former member was inducted under the selective
service system in the Air Corp.
On 6 Sep 45, he was honorably discharged. He served 3 years, 6
months and 21 days of total active service.
His WD AGO Form 53-55, reflects award of the European, African,
Middle Eastern (EAME) Theater Ribbon with 12 bronze stars, the
Good Conduct Ribbon, Purple Heart (PH) and Air Medal (AM).
By letter dated 11 May 11, HQ AFPC/DPSIM states the Gunner badge
was issued until 1953 but was subsequently declared obsolete and
phased out in favor of the Aircrew badge. Those having received
the Gunner badge were permitted to wear the original badge until
1955 at which time the badge was no longer authorized for
display on the Air Force uniform.
By letter dated 25 May 11, HQ AFPC/DPSOAA states there is no
evidence to support the applicants deceased grandfather
enlisted rather than being inducted under the selective service
system which was highly active during WWII. Therefore, block
23 was left blank as it was not applicable as to the method by
which his grandfather entered active service. His date of
induction is recorded in block 22 as 16 Feb 42, matching his
date of entry on active duty recorded in block 24.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial of the applicants request for
award entitlement on behalf of his late grandfather to the APCM
w/devices, ACM w/devices, DUC w/devices, PUC, and AFOUA
w/devices, Gallantry Cross Ribbon, AOM-G, AOM-J, PRPUC, ROKPUC,
WWIIVM, PLR and addition of five OLCs to his previously awarded
AM.
DPSIDR states that based on the lack of evidence and supporting
documentation they are unable to consider the applicant for the
APCM, PUC, DUC, PLR, AFOUA, PRPUC, ROKPUC, AOM-J. In addition,
the applicants date of separation of 6 Sep 45 renders him
ineleigible for award of the RVNGC w/P since it does not fall
within the window of 1 Mar 61 28 Mar 73.
DPSIDR states they were able to verify entitlement to the AOM-G,
ACM and the WWIIVM. The records will be administratively
corrected by AFPC to reflect this entitlement.
The complete DPSIDR evaluation, w/attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the 4143rd Army Air Force Base Unit (AAF
BU), Dayton, Ohio does not exist and never did. He believes
his records should reflect the 41st BS and 43rd BS, two
different units. His uncle was also awarded medals from the
33rd BS and 20th BS.
The applicants complete submission is at Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
HQ AFPC/DPSOY recommends denial of the applicants request to
include all his deceased grandfathers units of assignment on
his WD AGO Form 53-55 and his honorable discharge certificate.
DPSOY states there is substantial lack of personnel records and
documentation provided to reflect his uncle was assigned to any
other unit at the time of separation. Also, only the last unit
of assignment is documented in block 6 of a separation document,
rather than all units. This is a current practice with
completion of the DD Form 214, Certificate of Release or
Discharge from Active Duty throughout the Department of Defense
(DoD).
The complete DPSOY evaluation is at Exhibit F.
_________________________________________________________________
APPLICANTS REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
The applicant reiterates his contention that there is no such
unit as the 4143 AAFBU and it is in fact two separate units. He
states he is very familiar with Air Force history, as he just
got of the Air Force last year.
The applicants complete submission, with attachments, is at
Exhibit H.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The application was not filed within three years after the
alleged error or injustice was discovered, or reasonably could
have been discovered, as required by Section 1552, Title 10,
United States Code (10 USC 1552), and Air Force Instruction 36-
2603. Thus the application is untimely.
2. Paragraph b of 10 USC 1552 permits us, in our discretion, to
excuse untimely filing in the interest of justice. We have
carefully reviewed applicant's submission and the entire record,
and we do not find a sufficient basis to excuse the untimely
filing of this application. The applicant has not shown a
plausible reason for delay in filing, and we are not persuaded
that the record raises issues of error or injustice which require
resolution on the merits at this time. Accordingly, we conclude
that it would not be in the interest of justice to excuse the
untimely filing of the application.
3. 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.
_________________________________________________________________
DECISION OF THE BOARD:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2011-00108 in Executive Session on 22 Sep 11, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered pertaining to
AFBCMR Docket Number BC-2011-00108:
Exhibit A. DD Form 149, dated 20 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPSIDR, Letter, dated 17 Mar 11,
w/atchs.
Exhibit D. SAF/MRBR, Letter, dated 17 Jun 11.
Exhibit E. Applicants Rebuttal, Letter, dated 20 Jun 11.
Exhibit F. HQ AFPC/DPSOY, Letter, dated 11 Jul 11.
Exhibit G. SAF/MRBC, Letter, dated 2 Aug 11.
Exhibit H. Applicants Rebuttal, Letter, dated 6 Aug 11,
w/atchs.
Panel Chair
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