RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-01231
					    Case 4
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 22 OCTOBER 2007

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APPLICANT REQUESTS THAT:

His records be corrected to reflect an Air Force award in recognition for his assistance to a civilian pilot in distress in 1957.

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APPLICANT CONTENDS THAT:

The medal request was not submitted.

In support of his request, the applicant provided a copy of an USAF Officer Effective Report.

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

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STATEMENT OF FACTS:

On 20 November 1944, the applicant was commissioned in the Air Corps (AC) of the Army of the United States (AUS) as a second lieutenant (2Lt).

The applicant’s DD Form 214 reflects he was awarded the Air Force Longevity Service Award with 2 Bronze Oak Leaf Clusters (AFLSA w/2B OLCs), Distinguished Flying Cross (DFC), Air Force Reserve Medal (AFRESM), Missile Badge, Information Badge, Air Medal with one Bronze Oak Leaf Cluster (AM w/1B OLC), Air Force Longevity Service Award Ribbon with four Oak Leaf Clusters, Presidential Unit Citation (PUC), Army Good Conduct Medal, Army of Occupation Medal (Japan), National Defense Service Medal with one Bronze Service Star (NDSM w/1 BSS), Republic of Korea Presidential Unit 
Citation, Asiatic Pacific Campaign Medal with 2 Bronze Service Stars, Small Arms Expert Marksmanship Ribbon, Korean Service Medal with two Bronze Service Stars, World War II Victory Medal (WWIIVM), and the United Nations Service Medal (UNSM).

The applicant was honorably retired on 14 March 1967.  He had 20 years, 5 months and 19 days of satisfactory service.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the requested relief be denied.  AFPC/DPPPR states the Air Force Instruction (AFI) 36-2803, paragraph 3.3, states “Forward all recommendations through the normal chain of command of the person being recommended.  The commander or vice commander at each headquarters designated to review recommendations must personally view and sign the forwarding endorsement for each.  Each intermediate commander must recommend approval or disapproval of the recommendation or recommend award of a higher or lesser decoration.”  Or can submit under the 1996 National Defense Authorization Act (NDAA) rules.

DPPPR further states after a thorough review of the applicant’s military records they were unable to locate evidence of a recommendation for, or an award.  All military decorations require a written recommendation from a recommending official within the member’s chain of command or some with firsthand knowledge.

AFPC/DPPPR provided the applicant the current procedures to submit a recommendation for decoration under the provisions of the 1996 NDAA.  The timeline for submitting decorations is two years from the date of the act or achievement.  However, this Act waived the timeline.  The submission for the award must be written and meet two criteria:  1) be made by someone other than the servicemember, in the servicemember’s chain of command at the time of the incident, and, who had firsthand knowledge of the acts or achievements; and 2) be submitted through a congressional member who can ask a military service to review a proposal for a decoration based on the merits of the proposal and the award criteria in existence when the event occurred.

The applicant in 1997 wrote requesting an award for the assistance he provided in 1957 to the civilian pilot in distress.  In reply letters to the applicant and his son they were provided guidance on how to submit an awards package and information on retrieving documentation to support their case.  The applicant did not respond to the request with a specific award or recommendation or eyewitness statements.  The most recent award request was incomplete.  Furthermore, no documentation was 
located in the applicant’s military records to support the applicant was awarded an award for his assistance in 1957 to the civilian pilot.

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states the recommendation to deny his request based on the fact one of the criteria:  “be made by someone, other than the member himself, in the member’s chain of command at the time of the incident, and, who has firsthand knowledge of the acts or achievement,”.  

Both commander of the 31st Air Division and officers in his chain of commander are deceased.  A possible witness was located; however, he did not remember the incident (Exhibit E).

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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 an error or an injustice.  We took note of the documentation provided in support of the applicant’s request for an award for his assistance to a civilian pilot in distress in 1957.  After thoroughly reviewing the available personnel records, we found no evidence to verify he was eligible for or recommended for an award.  Military decorations require written recommendation from a recommending official within the servicemember’s chain of command or someone with first hand knowledge; or submit a recommendation for an award under the Fiscal Year 1996 NDAA.  The office of primary responsibility forwarded the applicant the criteria for submitting a recommendation for an award under the Fiscal Year 1996 NDAA.  The applicant submitted requests that were incomplete with no specific request of which award, or eyewitness statements.  While we are not unmindful or unappreciative of the servicemember’s service to his Nation, 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 AFBCMR Docket Number BC-2006-01231 in Executive Session on 14 September 2006, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 14 Mar 06, w/atchs.
	Exhibit B.	Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR dated 6 May 06.
	Exhibit D.	Letter, SAF/MRBR, dated 19 May 06.
	Exhibit E.	Applicant’s Response, dated 8 Jun 06.