RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04043

               		     COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His military record be corrected to show he was awarded the Air Medal.

APPLICANT CONTENDS THAT:

His discharge paperwork from the Army Air Corps in 1945 does not show award of the Air Medal.

The Air Medal was not awarded to him while on active duty.  His mother received the award with letters from Major General XXXXX, Commander 5th Air Force and General XXXXX Commander Far East Air Forces.  

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

STATEMENT OF FACTS:

Military records of the applicant were requested twice from the National Personnel Records Center, however, records have not been received.  

According to the WD AGO Form 53-55, Honorable Discharge document provided by the applicant, he entered the Army Air Corps on 15 Jan 43.

According to the WD AGO Form 53-55, the applicant served as a radio operator and mechanic in campaigns in the Southern Philippines, Luzon, New Guinea, the Northern Solomon’s, Bismarck Archipelago, and the Western Pacific.  The decorations and citations listed in the discharge document does not include award of the Air Medal. 

On 21 Oct 45, the applicant was discharged with an Honorable discharge and credited with serving 2 years, 9 months and 7 days of which 2 years, 3 months and 14 days was foreign service.  

By letter dated 5 Oct 45, the applicant’s mother was notified by the Commander, Far East Forces that the applicant was awarded the Air Medal in recognition of his courageous service to his combat organization  

By letter dated 2 Nov 45, the applicant’s mother was notified by the Commander 5th Air Force that he had recommended her son for award of the Air Medal for Meritorious Achievements from 5 Oct 44 to 31 Aug 45 and that the Commander, Far East Forces had approved it. 

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 B

AIR FORCE EVALUATION:

AFPC/DP3SP cannot make an appropriate recommendation on award of the Air Medal to the applicant in the absence of the military record or official information to validate. The Air Medal may be awarded to any person who, while serving in any capacity with the United States Armed Forces, subsequent to 8 September 1939, 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.

AFPC/DP3SP states award of the Air Medal cannot be verified using the two memoranda provided by the applicant and recommends the applicant, if possible, provide the decoration elements, especially the Special Order which is the official source document.   

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 Oct 16 for review and comment within 30 days (Exhibit C).  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.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  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-2015-04043 in Executive Session on Tuesday, 6 Dec 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04043 was considered:

	Exhibit A.  DD Form 149, dated 29 Apr 15, w/atchs.
	Exhibit B.  Memorandum, AFPC/DP3SP, dated 21 Sep 16.
	Exhibit C.  Letter, SAF/MRBR, dated 4 Oct 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.