RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00108 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His grandfather’s WD AFO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge be corrected to reflect the following: a. Block 5, Component, add Italy and Africa. b. Block 6, Organization, to read 20th 30th 41st, and 43rd. c. Block 22, Date of Induction, should be blank. d. Block 22 Date of Enlistment, should reflect the date he enlisted. e. Block 24, Date of Entry into Active Service, no correction identified. f. Block 31, Military Qualification and Date, add the Gunner Badge. g. Block 32, Battles and Campaigns, add the Asiatic and American Campaigns. h. Block 33, Decorations and Medals, add the Asiatic-Pacific Campaign Medal (APCM) w/devices; American Campaign Medal (ACM) w/devices; Distinguished Unit Citation (DUC) w/devices Presidential Unit Citation (PUC) w/devices; Air Force Outstanding Unit Award (AFOUA) w/devices; Gallantry Cross Ribbon; Army of Occupation Medal (AOM-G) (AOM-J) w/Germany and Japan Clasp; Presidential Unit Citation-Philippines (PRPUC); Presidential Unit Citation-Korea (ROKPUC); World War II Victory Medal (WWIIVM); Philippine Liberation Ribbon (PLR); and add five oak leaf clusters (OLCs) to his grandfather’s previously awarded Air Medal (AM). i. Block 36, Service Outside Continental U.S. and Return gaps. 2. His honorable discharge certificate reflect his units of assignment. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. His deceased grandfather’s records were damaged during the fire at the National Personnel Records Center in St Louis, Missouri. 2. His WD AGO Form 53-55 has errors, is missing details and he has spent a lot of time trying to correct his grandfather’s records close to where they were before the fire. In support of his request, the applicant provides copies of his grandfathers WG AGO Form 53-55; National Archives and Records Administration Form 13059, Transmittal of and/or Entitlement to Awards; photos, death certificate, and Wikipedia online Encyclopedia and book references. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 16 Feb 42, the former member was inducted under the selective service system in the Air Corp. On 6 Sep 45, he was honorably discharged. He served 3 years, 6 months and 21 days of total active service. His WD AGO Form 53-55, reflects award of the European, African, Middle Eastern (EAME) Theater Ribbon with 12 bronze stars, the Good Conduct Ribbon, Purple Heart (PH) and Air Medal (AM). By letter dated 11 May 11, HQ AFPC/DPSIM states the Gunner badge was issued until 1953 but was subsequently declared obsolete and phased out in favor of the Aircrew badge. Those having received the Gunner badge were permitted to wear the original badge until 1955 at which time the badge was no longer authorized for display on the Air Force uniform. By letter dated 25 May 11, HQ AFPC/DPSOAA states there is no evidence to support the applicant’s deceased grandfather enlisted rather than being inducted under the selective service system which was highly active during WWII. Therefore, block 23 was left blank as it was not applicable as to the method by which his grandfather entered active service. His date of induction is recorded in block 22 as 16 Feb 42, matching his date of entry on active duty recorded in block 24. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial of the applicant’s request for award entitlement on behalf of his late grandfather to the APCM w/devices, ACM w/devices, DUC w/devices, PUC, and AFOUA w/devices, Gallantry Cross Ribbon, AOM-G, AOM-J, PRPUC, ROKPUC, WWIIVM, PLR and addition of five OLCs to his previously awarded AM. DPSIDR states that based on the lack of evidence and supporting documentation they are unable to consider the applicant for the APCM, PUC, DUC, PLR, AFOUA, PRPUC, ROKPUC, AOM-J. In addition, the applicants date of separation of 6 Sep 45 renders him ineleigible for award of the RVNGC w/P since it does not fall within the window of 1 Mar 61 – 28 Mar 73. DPSIDR states they were able to verify entitlement to the AOM-G, ACM and the WWIIVM. The records will be administratively corrected by AFPC to reflect this entitlement. The complete DPSIDR evaluation, w/attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states “the 4143rd Army Air Force Base Unit (AAF BU), Dayton, Ohio” does not exist and never did. He believes his records should reflect the 41st BS and 43rd BS, two different units. His uncle was also awarded medals from the 33rd BS and 20th BS. The applicant’s complete submission is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ AFPC/DPSOY recommends denial of the applicant’s request to include all his deceased grandfather’s units of assignment on his WD AGO Form 53-55 and his honorable discharge certificate. DPSOY states there is substantial lack of personnel records and documentation provided to reflect his uncle was assigned to any other unit at the time of separation. Also, only the last unit of assignment is documented in block 6 of a separation document, rather than all units. This is a current practice with completion of the DD Form 214, Certificate of Release or Discharge from Active Duty throughout the Department of Defense (DoD). The complete DPSOY evaluation is at Exhibit F. _________________________________________________________________ APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant reiterates his contention that there is no such unit as the 4143 AAFBU and it is in fact two separate units. He states he is very familiar with Air Force history, as he just got of the Air Force last year. The applicant’s complete submission, with attachments, is at Exhibit H. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The application was not filed within three years after the alleged error or injustice was discovered, or reasonably could have been discovered, as required by Section 1552, Title 10, United States Code (10 USC 1552), and Air Force Instruction 36- 2603. Thus the application is untimely. 2. Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse untimely filing in the interest of justice. We have carefully reviewed applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application. The applicant has not shown a plausible reason for delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits at this time. Accordingly, we conclude that it would not be in the interest of justice to excuse the untimely filing of the application. 3. 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. _________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. _________________________________________________________________ The following members of the Board considered Docket Number BC-2011-00108 in Executive Session on 22 Sep 11, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered pertaining to AFBCMR Docket Number BC-2011-00108: Exhibit A. DD Form 149, dated 20 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. HQ AFPC/DPSIDR, Letter, dated 17 Mar 11, w/atchs. Exhibit D. SAF/MRBR, Letter, dated 17 Jun 11. Exhibit E. Applicant’s Rebuttal, Letter, dated 20 Jun 11. Exhibit F. HQ AFPC/DPSOY, Letter, dated 11 Jul 11. Exhibit G. SAF/MRBC, Letter, dated 2 Aug 11. Exhibit H. Applicant’s Rebuttal, Letter, dated 6 Aug 11, w/atchs. Panel Chair