RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05447
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The deceased members Air Medal (AM) be issued to the applicant (the deceased members next of kin).
________________________________________________________________
APPLICANT CONTENDS THAT:
The deceased member was awarded the AM, as reflected on his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, dated 8 Sep 45.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The deceased member initially entered the US Army on 17 Oct 42.
On 8 Sep 45, the deceased member was furnished an Honorable discharge certificate from the US Army.
On 25 Jan 13, AFPC/DPSID notified the applicant the records of the deceased member were being administratively corrected to add the following decorations:
1. Prisoner of War Medal (POW)
2. Bronze Star Medal (BSM)
3. American Campaign Medal (ACM)
4. World War II Victory Medal (WWIIVM)
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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The applicant contends the deceased member was awarded the AM. The AM is awarded to United States military and civilian personnel for single acts of heroism or meritorious achievements while participating in aerial flight and foreign military personnel in actual combat in support of operations. The required achievement is less than that required for the Distinguished Flying Cross, but must be accomplished with distinction above and beyond that expected of professional airmen. A review of the documentation provided by the applicant reveals some of the information on the WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, dated 8 Sep 45, as well as the deceaseds Discharge Certificate, have been altered. Specifically, the Air Medal in Block 33 appears to have been added after the document was issued. We were unable to locate any documentation indicating the deceased member was assigned to the Army Air Forces in an unaltered document. There is no official documentation awarding the deceased member the AM. Unfortunately, his military personnel records were destroyed in the fire at the National Personnel Records Center in 1973.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8 Jul 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
________________________________________________________________
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 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
________________________________________________________________
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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2012-05447 in Executive Session on 10 Sep 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 31 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 25 Jan 13.
Exhibit D. Letter, SAF/MRBR, dated 8 Jul 13.
Panel Chair
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