RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-00477

XXXXXXXXXXXXX	COUNSEL:  NONE
	(DECEASED)

XXXXXXXXXXXXXX	HEARING:  NO
	(APPLICANT)

APPLICANT REQUESTS THAT

The servicemember’s records be corrected to reflect award of the:

	Distinguished Flying Cross
	Asiatic-Pacific Campaign Medal
	Distinguished Unit Badge with One Oak Leaf Cluster (administratively resolved)

APPLICANT CONTENDS THAT:

The requested awards were left off the NA Form 13059, Transmittal of and/or Entitlement to Awards, provided by the National Personnel Records Center.  The applicant found the servicemember’s Distinguished Flying Cross (DFC) and Asiatic-Pacific Campaign Medal in storage in poor condition and believes her father was awarded these medal or he would not have held them over the years.  Additionally, the Distinguished Unit Badge is listed on the servicemember’s War Department Adjutant General’s Office (WD AGO) Form 53-98, Military Record and Report of Separation Certificate of Service, but not on the NA Form 13059.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The servicemember is a former Air Force Second Lieutenant. For more information, see the excerpt of the applicant’s record at Exhibit B.

According to the State of Florida Certificate of Death, the servicemember died on 19 Jun 12 and the applicant was listed as the Informant at the time of death.

In accordance with Sections 3749, 6245, and 8749 of Title 10, United States Code (USC), as governed by Executive Order (EO). 4601, the DFC may be awarded to any servicemembers or to any member of the armed forces of a friendly foreign nation who, after April 6, 1917, while serving in any capacity with the Army, Navy or Marine Corps, or Air Force, distinguishes him or herself by heroism or extraordinary achievement while participating in aerial flight.

In accordance with EO 9265, as amended by EO 9706, the Asiatic-Pacific Campaign Medal was issued to commemorate the service performed by personnel of the United States armed forces who served in the Asiatic-Pacific Theater between 7 Dec 41 and 2 Mar 46 under any of the following conditions:  permanent assignment, passenger status or on temporary duty for 30 consecutive or 60 nonconsecutive days, in active combat against the enemy, if personnel were awarded a combat decoration or furnished a certificate by the unit’s commander stating they participated in combat, personnel who were assigned or attached members of units during the period for which campaign participation credit or assault landing credit was accorded to the unit are awarded the bronze service star and arrowhead, respectively, to denote their participation in the action.

EO 9075, 26 Feb 42, created the Distinguished Unit Badge, and was superseded by EO 9396, 2 Dec 43 that authorized the Distinguished Unit Citation.  This EO was superseded by EO 10694, 10 Jan 57, which re-designated the award as the Presidential Unit Citation.  It was conferred on units of the armed forces of the United States and of cobelligerent nations, for extraordinary heroism in action against an armed enemy on or after 7 Dec 41.

AIR FORCE EVALUATION:

The AFBCMR staff did not request an advisory opinion.  

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  There is no supporting documentation reflecting the servicemember was awarded the Distinguished Flying Cross or the Asiatic-Pacific Campaign Medal.  The Distinguished Unit Badge was re-designated as the Presidential Unit Citation, which is listed on the applicant’s NA Form 13059.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-00477 in Executive Session on 20 Nov 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Jan 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.