RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00652
		INDEX CODE:  107.00
	 (Deceased)	COUNSEL:  XXXXXXXXXXXXXx

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her deceased husband's records be corrected to show he served in the Army from 1940 through 1941, he be awarded the Distinguished Flying Cross, the Purple Heart Medal, the Air Medal with clusters, and he has green eyes versus brown eyes.

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APPLICANT CONTENDS THAT:

Through the years her husband told her he earned these decorations and they are listed on a biography sheet for a parade.  

In support of her request, the applicant submits a personal statement, a copy of her husband’s Enlisted Record and Report of Separation Honorable Discharge, a copy of his biography, and a copy of her husband’s Certificate of Death.

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

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STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by fire in 1973.  The available records reflect he enlisted in the Air Corp on 9 October 1942 and was released from active duty on 27 March 1946.  

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects a honorable discharge, an overseas tour in Casablanca from 9 April 1944 through 4 November 1945, as an airplane and engine mechanic.  He earned the Good Conduct Medal, American Campaign Medal, European-African Middle Eastern Campaign Medal, World War II Victory Medal, and the American Defense Service Medal.

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AIR FORCE EVALUATION:

The AFPC/DPPPR recommends denial.  The biography provided on the veteran states that he served in the US Army during 1940 through 1941 and in the Army Air Force during 1942 through 1946, surviving Pearl Harbor.  It also states he received the Purple Heart, Air Medal with Cluster, and Distinguished Flying Cross for combat missions in North African and European Theaters.  No documentation has been provided showing the inclusive dates or prior service, but the veteran’s Report of Separation shows two years, seven months and eight days of prior service, and award of the American Defense Service Medal means that he was on Active Duty prior to 7 December 1941.

If the veteran served in the U.S. Army for his service prior to 1942 through 1946, the Army Board for Correction of Military Records would have to review that portion of the case.  However, there are no records available from that period, and the applicant has not provided anything for that period.  The applicant bases her claims on what she says her husband told her over the years, and the biography sheet.  Unfortunately, the veteran’s Report of Separation does not support the applicant’s request for award of the Purple Medal, Air Medal, or Distinguished Flying Cross.  There is no indication in the veteran’s VA medical records that he was wounded or injured during 1942 through 1946, and the applicant did not provide sufficient information or documents to consider award of the Purple Heart medal.  The Air Medal and Distinguished Flying Cross are awarded for aerial achievements.  The veteran was an airplane and engine mechanic; there is no indication that he accomplished any aerial achievements.  It may be that the veteran earned these decorations during his first enlistment period but, without a copy of his Report of Separation for that period, or other official documentation, they cannot verify these decorations.  The applicant has been sent a complete set of the verified awards earned by the veteran.

The DPPPR evaluation, with attachments, is 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 30 May 03, for review and comment within 30 days.  As of this date, this office has received no response.

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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.  After a thorough review of the applicant’s submission and the available evidence of record, we are not persuaded that the releif requested should be granted.  We took notice of the complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the former member has not been the victim of an error or injustice.  There was no evidence presented, other than his own assertions, which would lead us to believe that he was entitled to these medals.  Therefore, we find no compelling basis to warrant favorable consideration of 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 an 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 no considered with this application.

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The following members of the Board considered Docket Number BC-2003-00652 in Executive Session on 17 July 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 4 Oct 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 27 May 03, w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 30 May 03.

	
	Panel Chair