RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01623
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded an additional Oak Leaf Cluster (OLC) to the Distinguished Unit Emblem.

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APPLICANT CONTENDS THAT:

His separation document shows the Distinguished Unit Emblem with one Oak Leaf Cluster (1OLC).  It should reflect 2 OLCs.

In support of his appeal, the applicant provided his Enlisted Record and Report of Separation Honorable Discharge, Honorable Discharge Certificate, General Orders No. --, dated 15 June 1945, General Orders No. --, dated 23 January 1946, and General Orders No. ---, dated 24 December 1945.

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

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  Therefore, any record of an additional OLC can not be verified.  The only documents regarding his military service are those he provided.

On 2 February 1944 the applicant entered active duty in the Army Air Corps and was honorably discharged on 1 December 1945 in the grade of staff sergeant, under the provisions of AR 615-365 RR 1-1 Demobilization.  He served 1 year, 9 months, and 29 days total active military service.

According to the applicant’s Enlisted Record and Report of Separation that he provided, he received the following awards: the Distinguished Flying Cross, Distinguished Unit Emblem with 1 Oak Leaf Cluster, Air Medal with 3 Oak Leaf Clusters, Good Conduct Medal, Asiatic Pacific Service Medal, and the World War II Victory Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that the applicant served on active duty during the period 2 February 1944 through 1 December 1945, with an overseas tour in the China-Burma-India Theater of Operations during the period 26 November 1944 through 27 September 1945 and an overseas tour in the Western Pacific Theater of Operations during the period 7 April 1945 through 20 September 1945.  

Applicant’s Report of Separation reflects assignment to the ---th Bombardment Squadron.  It was presumed that he was assigned to this unit during both periods of overseas duty.  This unit earned the Distinguished Unit Citation 20 August 1944, 23-29 May 1945, and 24 July 1945.  Since the applicant did not arrive overseas until 26 November 1944, he is not eligible for the 20 August 1944 unit award.

On 3 September 2002, their office informed the applicant that he was not eligible for any Distinguished Unit Citations and asked him to withdraw his application.  He did not respond.  Unfortunately, this information was erroneous, as the applicant is entitled to the Distinguished Unit Citation with 1 Oak Leaf Cluster.

They have verified the applicant’s entitlement to the Distinguished Unit Citation with 1 Oak Leaf Cluster, while assigned to the ---th Bomb Squadron.  However, the unit award earned for actions on 20 August 1944 occurred prior to the applicant’s assignment to the unit.  Therefore, he is not eligible for another oak leaf cluster to the Distinguished Unit Citation.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 December 2002, 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 an error or an injustice warranting award of a second Oak Leaf Cluster (OLC) to his Distinguished Unit Emblem.  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.  According to the applicant’s available military personnel records he was assigned to the ---th Bombardment Squadron which was apparently a part of the ---nd Bombardment Group which earned the Distinguished Unit  Citation for  the  periods 20 August 1944, 23-29 May 1945, and 24 July 1945.  However, since the applicant did not arrive overseas until 26 November 1944, he was not eligible for the 20 August 1944 unit award.  In view of the foregoing, he is ineligible for a second Oak Leaf Cluster to the Distinguished Unit Citation.  Therefore, in the absence of substantive evidence to the contrary, we find no compelling basis to recommend granting the relief sought. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 AFBCMR Docket Number 02-01623 in Executive Session on 11 February 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 January 2002, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 4 December 2002, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 20 December 2002.

					   
					   Panel Chair