RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02635 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded three additional oak leaf clusters (OLCs) for his Distinguished Flying Cross (DFC). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He would like three additional OLCs based on his 55 combat missions. He would also like a replacement DFC medal because he never received his. In support of his request, applicant provided copies of his DD Form 214, Report of Separation from the Armed Forces of the United States, WD AGO Form 53, Enlisted Record and Report of Separation, General Order Number 133, dated 6 Mar 52, awarding the basic DFC, Air Force Reserve Order Number 202, dated 13 Oct 53, various photos and articles, and a copy of the DFC citation. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant served in the Air Force from 25 Mar 46 to 14 Mar 52. He was honorably released from active duty and transferred to the Air Force Reserve. He served a total of 4 years, 11 months, and 28 days of active military service. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the DFC w/3OLCs. In 1943, General “Hap” Arnold ordered theater commanders not to award the DFC or AM based solely on the number of flight missions completed, each decoration had to have a signed and endorsed recommendation package, and be forwarded through administrative channels to the final approval authority. The timeline for submitting decorations to include the DFC and AM is two years from the date of the act or achievement. However, under the Fiscal Year 1996 National Defense Authorization Act (NDAA), (Section 526), which was enacted into law on 10 Feb 96, this timeline has now been waived. DPSIDR was able to verify the applicant’s entitlement to the Army Good Conduct Medal (GCM), National Defense Service Medal (NDSM), United Nations Service Medal (UNSM), and the Republic of Korea War Service Medal (ROKWSM), and a DD Form 215 has been issued with these changes. DPPPR’s complete evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 4 Jan 08, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. ________________________________________________________________ _ 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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note his records were administratively corrected to add the GCM, NDSM, UNSM, and the ROKWSM, however he was not able to present conclusive evidence to support his contention he was awarded an additional three DFCs. While we are not unmindful or unappreciative of his 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered Docket Number BC-2007-02635 in Executive Session on 20 Feb 08, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2007-02635 was considered: Exhibit A. DD Form 149, dated 21 Aug 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPPPR, dated 5 Nov 07. Exhibit D. Letter, SAF/MRBR, dated 4 Jan 08.