RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01259
								INDEX CODE:  107.00; 131.09;
								COUNSEL:  None

								HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

An Oak Leaf Cluster (OLC) be added to his Air Medal (AM) or he be awarded the Distinguished Flying Cross (DFC), and his rank at separation be changed to Captain.

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APPLICANT CONTENDS THAT:

Because of the mission he flew with another military member, he should have received the award of the Distinguished Flying Cross or he should be awarded another Oak Leaf Cluster to his Air Medal.  He was also told that officers who separated after him were promoted to the next grade.

In support of his request, applicant submits copies of his separation document, a Certificate of Service, copies of Award Orders and copies of correspondence concerning the requested award.  The 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 the National Personnel Records Center in 1973.  The following information was extracted from documents provided by the applicant.

Applicant entered active duty as a commissioned officer in the Army of the United States, Officers’ Reserve Corps, Air Corps, on 16 February 1943.  He performed duties as a pilot in the European Theater of Operations (ETO) during the period 15 August 1943 and 13 May 1945.  He received the following awards:  Air Medal (AM) with two Oak Leaf Clusters (OLCs), the Distinguished Unit Badge, and the European-African-Middle Eastern Theater Ribbon with seven Bronze Service Stars.  He participated in the Normandy, Sicily, Naples-Foggia, Rome-Arno, Northern France, Rhineland and Ardennes battles and campaigns.  The applicant was separated in the grade of first lieutenant by reason of demobilization on 14 September 1945.  He was credited with nine months and six days of continental service and 1 year, 9 months and 22 days of foreign service.

In letters to the applicant dated 13 June 2003 and 22 July 2003, respectively, HQ AFPC/DPPRA provided the applicant with detailed information and instructions concerning his request for the DFC.  These letters are included with the applicant’s submission in Exhibit A.

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AIR FORCE EVALUATION:

HQ AFPC/DPPP recommends denial of the applicant’s request for promotion to captain.  DPPP states that terminal leave promotions did not come into effect until 19 October 1945, after the applicant had been relieved from active duty.  DPPP’s recommendation 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 8 January 2004 for review and response.  As of this date, no response has been received.

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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.  Evidence has not been provided which would lead us to believe that the applicant was entitled to a promotion to the grade of captain prior to his release from active duty or the award of a DFC or an OLC to the AM for his participation in the Normandy invasion of 1944.  The applicant was released from active duty prior to the time terminal leave promotions were authorized.  Furthermore, there is no indication that he met the criteria for such a promotion had terminal leave promotions been authorized when he was released from active duty.  As to the applicant’s request for an award based on his participation in a mission, while the applicant asserts he was part of the mission for which First Lieutenant Q--- was awarded the DFC, we note the applicant’s name does not appear on the orders.  There is no indication that the provisions of G.O. Number 179 (the order provided by the applicant) applied to the listing of awards presented on 26 August 1944.  Finally, the evidence provided does not substantiate that he participated in the mission for which the awards were given, and, that he was recommended for an award and the recommendation was lost or improperly denied.  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 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 in Executive Session on 12 February 2004, under the provisions of AFI 36-2603.
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 April 2001.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPP, dated 12 Dec 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Jan 2004.