RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-02982
								INDEX CODE:  
								COUNSEL:  None

								HEARING DESIRED:  Yes

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This application for correction of the records of APPLICANT (Deceased) was submitted by (nephew).

APPLICANT REQUESTS THAT:

Any medals, ribbons and citations, including the Purple Heart Medal and the Distinguished Flying Cross, awarded to his uncle during his active service time be replaced.

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APPLICANT CONTENDS THAT:

He has attempted to claim any medals, ribbons, and citations that his uncle was awarded during his active service time.  The medals and ribbons have been lost or misplaced over the years.  His mother remembers that at the time of his burial, a posthumous presentation of a Purple Heart was given to his grandmother.

In support of this application the applicant provided copies of news articles, official military letters sent to the veteran’s mother concerning the veteran's death on Active Duty, and decorations.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The former member’s records were lost or destroyed.  The following is the only available information pertaining to the former member’s service extracted from documents provided by the applicant.

The former member entered the service on 10 June 1942.  He was a rated officer who was progressively promoted to the grade of captain.  While performing flying duties at Morris Field, North Carolina, the former member died as a result of an aircraft accident on 4 April 1945.  By letter dated 23 August 1945, the former member’s mother was informed that he had been awarded the Air Medal with four bronze Oak Leaf Clusters, which represented four additional awards of the same decoration.  The award of the foregoing medals was “For meritorious achievement while participating in forty-eight (48) sorties against the enemy.”

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed the case and recommends denial.  DPPPR stated that the veteran died while on active duty on 4 April 1945.  This being the case, no separation document was prepared.  Furthermore, his records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).  The applicant has not provided any official documentation showing the veteran was awarded the Distinguished Flying Cross or Purple Heart Medal, only several news articles which do not agree with the copies of official correspondence provided by the applicant.

On 7 October 2003, DPPPR informed the applicant that although he was not legally next of kin to the veteran they could verify that the veteran earned the Air Medal with four oak leaf clusters, European-African-Middle Eastern Campaign Medal, America Campaign Medal, and World War II Victory Medal.  The NPRC searched files, but the veteran’s name was not found under any decoration; therefore, they could not verify the veteran’s eligibility for award of the Distinguished Flying Cross or Purple Heart Medal.  Since the veteran died in an aircraft accident, not as the result of enemy action, he would not be entitled to the Purple Heart Medal.  DPPPR instructed the applicant to either provide a legible copy of the orders awarding his uncle these two medals or to withdraw his application.  The applicant did not respond.

The HQ AFPC/DPPPR evaluation with attachment is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his initial contentions, and provides the following service history of his uncle:  

From:	6/23/41 – Royal Canadian Air Force
To:	6/ 3/42 - Last Entry
From:	6/27/42 – Air Corps – Spence Field, Moultrie, GA;
		          Training – XXth Air Corps
	7/31/42 – XXth Bomb Group; XXth  Bomb Squadron; North
	          Africa (50 bombing missions completed)
	2/23/44 – Returned, U.S.A. Charlotte, NC
To:	3/31/45 – Re-Assigned “XO” – Aiken S.C.

The applicant’s review, with attachments, is at Exhibit F.

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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 with respect to the requested award of the Purple Heart Medal.  We noted the letter by Army authorities to a member of Congress listing the awards to which the former member was entitled, including the requested DFC.  In the absence of evidence by the applicant showing the former member was entitled to some other award(s) for performance, we believe action by this Board concerning such a request is not required and that the only matter to be resolved is the request for a Purple Heart Medal.  In this regard, we agree with the assessments of this issue by the Army and the Air Force office of primary responsibility.  We appreciate and honor the former member’s service to his country. However in view of the above and in the absence of evidence by the applicant showing the former member’s injury met the statutory and regulatory criteria for award of the Purple Heart Medal, we have no basis on which to favorably consider this portion of the application.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2003-02982 in Executive Session on 25 February 2004, under the provisions of AFI 36-2603.

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 Jul 2003.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 19 Dec 03.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
   Exhibit E.  Letter, Applicant, dated 23 Dec 03.