RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00833

	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) for missions flown during World War II.
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APPLICANT CONTENDS THAT:

He cannot prove the things he had done or what happened to him unless he has a complete service record.

In support of his appeal, the applicant submits a personal letter and a copy of his discharge.

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

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STATEMENT OF FACTS:

Apparently, the applicant’s records at the National Personnel Records Center in St. Louis were destroyed by the 1973 fire.  The available information provided by the applicant included an Honorable Discharge Certificate, stating he was discharged in the grade of staff sergeant on 4 November 1945.  His Report of Separation reflects the award of the American Theater Ribbon, European-African-Middle Eastern Campaign Medal with 3 Bronze Service Star, Good Conduct Medal, the Air Medal with 3 Oak Leaf Clusters and the Victory Medal World War II.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial and states that they are unable to find evidence of a recommendation for, or award of the DFC.  

AFPC/DPPPR evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 1 June 2001, for review and response.  As of this date, no response has been received by this office.

Applicant’s complete response is at Exhibit C. 

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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 opinion and recommendation of the Air Force office of primary responsibility (OPR) 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 have 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.  In view of the above and in the absence of sufficient 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 AFBCMR Docket Number BC-2004-00833 in Executive Session on 27 July 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jan 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 28 May 04, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Jun 04.