RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02335
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His World War II Air Medal be upgraded to the Distinguished Flying Cross (DFC).

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. 

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  They indicate that the applicant served on active duty during the period 12 November 1944 through 11 June 1946, with an overseas tour during the period 12 November 1944 through 29 March 1946.  His Report of Separation reflects award of the Air Medal, European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars, World War II Victory Medal, and [Army] Commendation Ribbon.  He is also entitled to the American Campaign Medal, and this has been added to his Report of Separation.

Applicant claims that on 24 March 1945, on a mission to deliver gliders filled with troops and ammunition to Germany, his aircraft was hit by “small arms fire,” and bullets hit him and the crew chief.  A bullet hit the applicant’s chest parachute, and the crew chief was shot in the leg.  The applicant states the crew chief was taken to the rear of the aircraft, and the applicant removed the bullet and applied a tourniquet to stop the bleeding.  The aircraft diverted to Belgium to deliver the crew chief to medical personnel.

The applicant provided documentation showing he had applied previously for this action through Congressional channels, but was told a written, signed and endorsed recommendation was needed.  Applicant did not provide a written recommendation or statements from anyone with firsthand knowledge of the events to corroborate his claim that he saved the crew chief’s life.

Unfortunately, the applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center.  Therefore, there is no documentation available in his reconstructed records to verify his unit of assignment (he states he was assigned to the 437th Troop Carrier Squadron), location, or any actions during his service overseas.  Even after being informed that a written, signed and endorsed recommendation was necessary for consideration of his claim, the applicant has not provided any documents/statements to corroborate his claim that he saved his crew chief’s life on 24 March 1945.  However, the applicant’s Report of Separation reflects award of the [Army] Commendation Ribbon, awarded by a General Order from the 12th Army Group, dated 26 June 1945.  They believe this decoration may have been awarded for the applicant’s actions in saving someone’s life.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 September 2001, a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office. 

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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 probable error or injustice warranting that his World War II Air Medal be upgraded to the Distinguished Flying Cross (DFC).  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Applicant has not established to our satisfaction that his actions warranted the award of the DFC or that he would have been recommended for it.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application on 1 November 2001 under the provisions of AFI 36-2603:

			 Panel Chair
			 Member
			 Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Aug 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 24 Sep 01.
   Exhibit D.  Letter, SAF/MIBR, dated 28 Sep 01.