RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02945
				INDEX CODE:  107.00
	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he received the Distinguished Flying Cross (DFC).

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APPLICANT CONTENDS THAT:

His unit received the DFC.  He was not present to receive the award because he was in the hospital.  The applicant also states that he was a prisoner of war (POW).

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

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STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center.

The available records reveal that the applicant served on active duty from 5 December 1942 through 27 August 1945.  He had an overseas  tour  in  the  European  Theater  of  Operations from 20 August 1944 through 16 May 1945.  

The applicant’s Certificate of Disability for Discharge, Enlisted Record and Report of Separation indicates the reason and authority  for  his  separation  was Section I, AR 615-361 dated 4 November 1944 and 1st Indorsement dated 24 August 1945.  His record indicates the place of separation as the AAF Convalescent Hospital, Fort Logan, CO and he was discharged in the grade of staff sergeant.

His WD AGO 53-55 reflects he was awarded the Air Medal (AM) with 3 Oak Leaf Clusters (OLC), the Good Conduct Medal (GCM), the European-African Middle Eastern Campaign Medal with five (5) Bronze Battle Stars.  A DD Form 215 dated 5 December 2002 added 
the American Campaign Medal and the World War II Victory Medal to his record.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR indicates the applicant stated in his application that he was a prisoner of war (POW) and was sent home to a VA hospital.  There was no indication in the available records indicating the applicant was a POW.  The applicant provided a signed affidavit from  the pilot regarding an aborted flight on 21 May 1945.  The applicant was listed as a crewmember.  However, there is no documentation showing the applicant was a regular crewmember who flew with that pilot.  Furthermore, there is no documentation showing the pilot and all his crew received the DFC for a series of combat flight missions.  The applicant has not provided any documentation showing he was recommended for a DFC, nor has he provided any documentation showing he was eligible to receive the DFC.  DPPPR requested the applicant to explain certain discrepancies between his Record of Separation and a news article he submitted, and to provide documentation showing he was a POW and documentation reflecting he was recommended for the DFC.  The applicant did not respond.  Based on the information provided, DPPPR recommends denying the applicant's requests.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 January 2003, for review and response.  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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  We believe it should be pointed out that the applicant's decorated service and sacrifice for his country has not gone unnoticed.  Notwithstanding this, no evidence has been presented which has shown to our satisfaction that the applicant met the established criteria for award of the DFC.  However, should the applicant provide documentation pertaining to the units he was assigned, statements from crewmembers and proof of his POW status, this Board would be willing to review the materials for possible reconsideration.  Otherwise, in view of the foregoing, 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 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 02-02945 in Executive Session on 25 March 2003, under the provisions of AFI 36‑2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 13 Jul 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 25 Nov 02.
	Exhibit D.	Letter, SAF/MRBR, dated 31 Jan03.