RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05286
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to reflect he was awarded the Air Medal (AM).
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APPLICANT CONTENDS THAT:
During World War II, her husband was killed during a bombing mission in the South Pacific while serving as a crewmember assigned to the 38th Bomb Group. He should have received the AM.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
According to the information the applicant provided, her husband was declared missing in action (MIA) after the bomber on which he served as a crewmember crashed into the sea on 1 Dec 42 off the island of New Guinea. His status was changed from MIA to deceased on 12 Dec 45 in accordance with War Department procedures at the time.
On 13 Jun 13, AFPC/DPSIR notified the applicant her husband qualified for award of the Purple Heart (PH) Medal, administratively corrected his official records, and furnished her his PH Certificate.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The AM may be awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 Sep 39, distinguishes himself or herself by meritorious achievement while participating in aerial flight. The AM may be awarded for combat or non-combat in recognition of single acts of valor, heroism, or merit while participating in aerial flight. Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight. AFPC/DPSID was unable to verify award of the AM, or locate any official documentation within the information received from the Army Casualty Office verifying the applicant was recommended for or awarded the AM. To grant relief would be contrary to the eligibility criteria established by DoDM 1348.33, Manual of Military Decorations and Awards.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
She has no further information beyond what was initially submitted. She thanks the BCMR for their time (Exhibit E).
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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. We took notice of the applicants complete submission, to include her rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While we are mindful of the deceased former members service to his country, we do not find the evidence presented by the applicant is sufficient to conclude he should have been awarded the Air Medal. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or 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.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05286 in Executive Session on 7 Oct 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 13.
Exhibit D. Letter, SAF/MRBR, dated 18 Jul 13.
Exhibit E. Letter, Applicant, dated 29 Jul 13.
Panel Chair
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