RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03733
		INDEX CODE:  107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Bronze Star Medal (BSM) and the Soldiers Medal (SM).

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APPLICANT CONTENDS THAT:

The Board should consider the copy of the very old hand written recommendation for the contested awards as orders by the superior office, with the 449th Fighter Squadron at Chengkung Air Base, China.  He was never aware of the recommendation by the 449th Fighter Squadron Commander in Chengkung.  At the time, orderly room personnel were generally located at other destinations where flying and ground personnel were located.  Apparently, recommendations of this nature were occasionally forgotten and ended up in baskets and/or individual's file without further action.  He was made aware of the hand written document after his records were cleared of old documents and given to him for his personal files.

In support of his request, the applicant provided a personal statement, correspondence between his wife and the Air Force Personnel Center and hand written recommendations for the BSM and SM.

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

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STATEMENT OF FACTS:

Applicant's military personnel records were partially destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  Based on the available documentation the following facts are provided:

The applicant entered active duty on 17 March 1942 and retired on 31 August 1964 having served 21 years, 5 months, and 14 days on active duty.

The applicant served from 8 February 1944 to 23 November 1945 in theater.
On 14 September 2002, the applicant submitted a request to the Air Force Personnel Center requesting that he be awarded medals and ribbons for his service during World War II.  His case was administratively corrected.  On 7 November 2002 and 9 April 2003 DPPRSP advised the applicant that there were errors on his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge.  DPPRSP found the applicant was entitled to the Air Force Commendation Medal, the National Defense Service Medal with one Bronze Service Star, Asiatic-Pacific Campaign Medal with three Bronze Service Stars, and the American Campaign Medal.  A DD Form 215, Correction to the DD Form 214, Certificate of Release or Discharge from Active Duty, was issued to the applicant (Exhibit B).

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states the applicant did not provide a service number or a social security number of the major who signed the hand-written recommendation; therefore, DPSIDR is unable to verify his active duty service.  DPSIDR did verify the applicant was with the 449th Fighter Squadron from 8 February 1944 to 23 November 1945.

After a thorough review of the applicant’s limited military personnel record, DPSIDR was unable to find evidence in the applicant's record that his recommendations for award of the Soldier’s Medal or Bronze Star Medal were submitted and approved through higher headquarters. 

The complete DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states not giving any consideration of the possibility of getting killed - he saved two soldiers from a crashed and burning B-24 aircraft in Chengkung, China.  During an attack by the Japanese, he shot down a Japanese bomber and helped to destroy barracks in Kweilin.  The Japanese had nothing left to use after his squadron took over the bases.  He was recommended for the contested award and his actions were witnessed.  Unfortunately, people were scattered at different areas in China and no one paid much attention.

The applicant's complete response is at 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 injustice.  The applicant’s contentions are duly noted; however, after thoroughly reviewing his submission and the available evidence of record, we found no evidence which would lead us to believe that he is entitled to the SM and BSM.  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 failed to sustain his burden of proof of the existence of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.  The personal sacrifices he has endured for his country are duly noted and our decision in no way is meant to diminish the high regard we have for his service.  Should he provide official documentation that would substantiate his claim, we would be willing to reconsider his appeal.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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 28 May 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-03733 was considered:

   Exhibit A.  DD Form 149, dated 27 October 2007, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIDR, dated 31 January 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 15 February 2008.
   Exhibit E.  Letter, Applicant, dated 20 February 2008.