RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00101 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he received the following awards: 1. The Good Conduct Medal (GCM) (Entitlement verified - will be administratively corrected) 2. The World War II Victory Medal (WWIIVM) (Entitlement verified - will be administratively corrected) 3. The American Campaign Medal (ACM) _________________________________________________________________ APPLICANT CONTENDS THAT: These awards were not awarded until January 2010 and he did not know he was eligible for these awards. He is a member of the American Legion, and members of his Post wear their awards on Memorial Day and during other veteran’s events in the community. He would like to mount the medals and give them to his grandchildren. In support of his request, the applicant provides copies of his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, Special Orders Number 124, dated 9 Sep 48 (Discharge Order), Honorable Discharge Certificate, and WD AGO Form 100, Army of the United States Separation Qualification Record. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were destroyed in the 1973 fire at the National Personnel Records Center. The only official military documents available for review are the documents provided by the applicant. His WD AGO Form 53-55 issued in conjunction with his 14 Sep 48 separation reflects that he enlisted in the Army Air Corps on 15 Sep 45 in the grade of corporal, and was honorably discharged for expiration of term of service on 14 Sep 48, after having served a total of 3 years all within the Continental United States (CONUS). _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial of the applicant’s request for award of the ACM. The ACM is awarded to service members serving outside the CONUS in the American Theater for at least 30 days between 7 Dec 41 and 2 Mar 46, or who served during that period for an aggregate period of one year in the CONUS. DPSIDR states the applicant does not meet the criteria for award of the ACM. The applicant served within the CONUS from 15 Sep 45 to 14 Sep 48, and is not credited with any Foreign Service. As of 2 Mar 46, the applicant had only completed approximately 5 1/2 months CONUS service. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 23 Apr 10, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with regards to applicant’s request for award of the ACM. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note, the Air Force office of primary responsibility has verified the applicant’s entitlement to the GCM and the WWIIVM and will correct the applicant’s record to reflect these medals. Therefore, aside from the aforementioned administrative corrections, we find no basis to recommend further relief in this case. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-00101 in Executive Session on 15 Jul 10, under the provisions of AFI 36-2603: XXXXXXXXXX, Panel Chair XXXXXXXXXX, Member XXXXXXXXXX, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Jan 10, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 24 Mar 10. Exhibit C. Letter, SAF/MRBR, dated 23 Apr 10. XXXXXXXXXXXXXXXXXX Panel Chair