RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03442

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Air Medal.

APPLICANT CONTENDS THAT:

His contributions during World War II while assigned as an aircrew member with the 60th Troop Carrier Group, 11th Squadron, 12th Air Force, in Pomigliano, Italy, warrant award of the Air Medal.  

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

STATEMENT OF FACTS:

On 19 Jan 44, according to documentation submitted by the applicant, he first entered the U.S. Army.

On 9 Jan 46, the applicant was furnished an honorable discharge. 

On 12 Jun 15, according to documentation submitted by the applicant, the Air Force Historical Research Agency advised they were unable to locate any historical files that verified his actions as an aircrew member of the 60th Troop Carrier Group, 11th Squadron, 12th Air Force, warranted award of the Air Medal.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  The applicant’s official military record contains very limited documentation as it was in the area most heavily damaged in the 12 Jul 73 fire at the National Personnel Records Center.  After their review of the applicant’s available records, they were unable to verify award of the Air Medal.  The Air Medal may be awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 Sep 39, distinguishes himself or herself by meritorious achievement while participating in an aerial flight.  The Air Medal may be awarded for combat or non-combat action in recognition of single acts of valor, heroism, or merit while participating in aerial flight.  Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight.  

The Air Force Historical Research Agency advised the applicant that their research revealed that the unit he was assigned to during the World War II, did not submit any reports of their flying activities during the matter in question.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 May 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

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 AFBCMR Docket Number BC-2015-03442 in Executive Session on 21 Jul 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03442 was considered:

	Exhibit A.  DD Form 149, dated 15 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 2 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 23 May 16.