RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04085

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, Block 33, Decorations and Citations, be corrected to reflect he was authorized and awarded the Air Medal with One Oak Leaf Cluster (AM w/1OLC). 

His WD AGO Form 100, Army of the United States Separation Qualification Record, Block 23, Remarks, be corrected to reflect he was authorized and awarded the AM w/OLC.  

APPLICANT CONTENDS THAT:

He was told upon discharge that he would be awarded an oak leaf cluster for this logged combat flying time; however, he never received it.  

He is entitled to the award based on his combat flying time.  He contacted the National Personnel Records Center (NPRC) in regards to this matter, but they were not able to find record of the award.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Army on 10 September 1942.  

On 29 October 1945, the applicant was furnished an honorable discharge, and was credited with 3 years, 1 month, and 20 days of active service.  

According to the WD AGO Form 53-55 and WD AGO Form 100, submitted by the applicant, he was awarded an 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.  There is no official documentation, such as a recommendation or Special Order, in the applicant’s official military personnel record, nor was any provided with this respect, to verify he was recommended for or awarded the Air Medal with one Bronze Oak Leaf Cluster.  

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 participation 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 participation in aerial flight.  Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight. 
 
In order to reasonably consider the applicant’s request, he will need to submit a recommendation from someone with firsthand knowledge of the act/achievement preferably from someone within the applicant’s chain of command at the time of the act/achievement, a proposed citation, and eyewitness statements from those who can attest to the act/achievement.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is unable to contact anyone from his chain of command due to the amount of time that has pass since the time of his achievement.  However, he can recall personal accounts of events that occurred, he has photos and documented flight log entries totaling 1306.75 hours in flight.  He does not have much time left and would like a wrong to be favorably righted.  

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-2015-04085 in Executive Session on 1 November 2016 and 13 March 2017 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 25 July 2016.  
	Exhibit D.  Letter, AFBCMR, dated 3 August 2016.
	Exhibit E.  Letter, Applicant, dated 29 August 2016, w/atchs.

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.