RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01991 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. The decedent be awarded the following awards and decorations: b. Air Medal with four Bronze Oak Leaf Clusters (AM w/4 BOLCs). c. Presidential Unit Citation (PUC). d. Aerial Gunner Badge. e. Aircrew Member Badge. f. European-African Middle Eastern Campaign Medal with One Bronze Service Star (EAMECM w/1 BSS). g. American Campaign Medal (ACM). h. Distinguished Flying Cross (DFC) for completion of 25 bomber missions. i. DFC w/1 OLC. j. Weapons Qualification Badge. k. Any other medals, badges or ribbons that have not been issued. l. Certificates for the five AMs, Purple Heart (PH) and DFC, if awarded. 2. A revised DD Form 214, Certificate of Release or Discharge from the Armed Forces; or other official document showing the decedent’s service and awards. ________________________________________________________________ APPLICANT CONTENDS THAT: The decedent was a member of the Army Air Force when he was Killed in Action (KIA) on 8 May 44. He was the Right Waist Gunner and Assistant Flight Engineer on a B-17 on a mission to bomb Berlin, GE. Upon attack by German fighter aircraft they proceeded to the secondary target in Brunswick, GE when their B- 17 was fired upon causing the aircraft to explode in mid-air. He should be awarded the DFC for completion of 25 combat bomber missions during the worst aerial combat in US history. The award of the DFC was automatic in 8th Air Force after completion of 25 combat bomber missions. He along with his crew should be awarded the DFC for their final mission. The crew worked heroically to defend the B-17 as they moved into the lead position. No awards were accomplished as there were only two survivors who were captured as Prisoners of War (POW). After their release, the war was over and time moved on. The Missing Aircrew Reports and other Air Force records can authenticate the events of 8 May 44. His National Personnel Records Center (NPRC) records show he had 4 AMs but this is incorrect. The family has a photo of him being pinned the AM w/4 BOLCs. A printout from the US Government American Battle Monuments Commission shows he was awarded the AM w/4 BOLCs. His unit was twice awarded the PUC, formerly named the Distinguished Unit Citation (DUC). He was present during the second award when the unit was cited for extraordinary heroism in action during a very long range mission inside of Poland. NPRC records do not show he was awarded the Aerial Gunner Badge or the Aircrew Member Badge. However, he was awarded both since he completed training and served in a unit that completed combat missions. He participated in the Air Offensive Europe Campaign from 4 Jul 42 to 5 Jun 44 and should be awarded the EAMECM w/1 BSS. He completed basic training and flight engineer mechanic school at Sheppard Field, TX and aerial gunner training at Kingman, AZ. Since he served in the Continental United States (CONUS) from Sep 42 to Dec 43, he met the 15 month requirement for award of the ACM. If records can be found to show his qualifications with the M- 1 rifle, .45 caliber pistol or .50 caliber machine gun, the Weapons Qualification Badge should be added to his list of authorized awards. In support of the applicant’s requests, he submits a personal statement, copies of the decedent’s available records from the NPRC, NA Form 13164, Information Releasable under the Freedom of Information Act; news articles, letters of support, Air Force Historical Research Agency (AFHRA) reports, MACR and various other documents associated with his requests. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The decedent was a member of the Army Air Force when he was KIA on 8 May 44. The AM 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 aerial flight. Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight. The Aircrew Badge, commonly known as Wings, is a qualification badge of the United States military that is awarded by all branches of the armed services to personnel who serve as crew members on military aircrafts. The badge is intended to recognize the training and qualifications required by aircrew of military aircraft. In order to qualify as an aircrew member and receive the Aircrew Badge, such personnel typically undergo advanced training in aircraft in-flight support roles. The EAMECM is awarded to service members assigned outside of the CONUS in the European-African-Middle-Eastern Theater for at least 30 days between 7 Dec 41 and 2 Mar 46. The ACM was awarded to service members who served 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. The DFC may be awarded to any persons who after 6 Apr 17, while serving in any capacity with the United States Armed Forces distinguishes themselves by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy. ______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends disapproval for award of the AM, w/4 BOLCs, PUC, EAMECM w/1 BSS, ACM, DFC w/1 OLC and the Good Conduct Medal (GCM). There is no official documentation in the decedent’s limited personnel records to verify he was recommended or awarded the aforementioned awards. His records were damaged in the fire at the NPRC in 1973. NPRC was able to reconstruct his records; however, it contains limited documentation. Furthermore, the application was not submitted in a timely manner as over 69 years have passed since the decedent was KIA. Insufficient evidence has been provided to support an injustice exists. Due to the limited available records, there is no documentation to verify dates of service or length of service to verify he served three continuous years of honorable active military service subsequent to 26 Aug 40 for award of the GCM. There is also no official documentation to verify he served outside the CONUS in the American Theater for at least 30 days or served during that period for an aggregate period of one year in the CONUS for award of the ACM. To grant relief would be contrary to the eligibility criteria established by the War Department, the Department of Defense and/or the Secretary of the Air Force. On 5 Dec 13, the Purple Heart Review Board approved award of the Purple Heart (PH). Upon signature of the PH certificate, DPSID will contact the Next of Kin (NOK) for presentation desires. After a thorough review of the decedent’s limited records, DPSID was able to verify award of the World War II Victory Medal (WWIIVM) and the Honorable Service Lapel Button (HSLBWWII). Because he was KIA, there is no WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge; to update. Upon the final decision of the Board, a copy of the DPSID evaluation will be placed in his records as verification for award of the PH, WWIIVM and HSLBWWII. The complete DPSID evaluation is at Exhibit C. USAF/A3O-AIF recommends approval of the request for the Aircrew Member Badge. The supporting documents provided by the applicant substantiate he met all requirements for permanent award of the Air Force Aircrew Member Badge. Unfortunately, the Army Air Gunners Badge (Wings) that was awarded during the time of the decedent’s service is no longer in existence. The complete A3O-AIF evaluation is at Exhibit D. AFHRA/RS recommends the decedent be awarded the PH, WWIIVM, HSLBWII, GCM, AM w/4 BOLC, DUC now known as PUC, EAMECM w/1 BSS and ACM. AFHRA disagrees with the DPSID recommendation and states there is an abundance of factual official documentation to support the majority of the applicant’s requests. AFHRA recommends approval of the AM w/4 BOLCs. The NA Form 13164 provided by the applicant shows he was awarded the AM w/4 BOLCs. The NPRC data is based on official documentation compiled prior to the 1973 fire and is now the primary source for verification of these awards. The AFHRA has general orders published from the World War II era and provides them to support award of the AMs. AFHRA is the only Air Force agency that maintains all Air Force unit awards. The AFHRA listing of unit awards is based on official documentation and is the final authority for all unit awards. The decedent was assigned to the 338th Bombardment Squadron, 96th Bombardment Group from December 1943 until his death on 8 Mar 44. Both of these units were awarded the DUC for its actions on 9 Apr 44 by War Department Order 58, 21 Jul 44, and by Air Force Pamphlet 900-2, Honors and Ceremonies, Unit Decorations, Awards and Campaign Participation Credits dated 15 Jun 71. As a member of the 96th Bombardment Group, he qualified to receive the DUC, now known as the PUC. AFHRA recommends approval for award of the EAMECM w/1 BSS. It is clearly evident he was assigned to a unit in the area of eligibility and was KIA while in aerial combat while serving in the unit. The decedent and his crew participated in the Air Offensive, Europe Campaign which lasted from 4 Jul 42 through 5 Jun 44. He gave his life participating in this campaign on 8 May 44, over Germany and is entitled to have a BSS affixed to his EAMECM. AFHRA recommends approval for award of the ACM. National Archives and Records Administration (NARA) has verified he was stationed at Sheppard Army Air Field, TX, Kingman Army Air Field, Kingman, AZ, and Dalhart Army Air Field, TX from the period of Sep 42 through Nov 43 which qualifies him for the ACM. AFHRA recommends award of the GCM. The GCM was established on 28 Jun 41, by Executive Order 8809. The criteria was revised on 31 Mar 43, by Executive Order 9323 to include those who after 7 Dec 41, have or shall have honorably served one year of active federal military service while the United States is at war. He was in the Army Air Forces since Sep 42 and would qualify for the GCM under the revised criteria as long as he was not under any disciplinary actions such as court martial or any other behavioral misdeeds. Those on aircrew status, such as the decedent, were not allowed to remain on aircrew status if under investigation for criminal behavior or if convicted of any crimes in a court martial. Since he was on aircrew status when he died in aerial combat on 8 May 44, there is no evidence of any dishonorable service. AFHRA recommends disapproval for award of the DFC w/1 BOLCs. There is no official documentation, such as a recommendation or General Order in his record to verify he was awarded the DFC. A review of all relevant documentation failed to find the decedent or his fellow crewmembers were submitted for or awarded the DFC. While he qualifies for consideration for award of the basic DFC, there is no compelling argument presented that he actually performed in a manner that he met or exceeded the criteria for the award. To warrant an award of the DFC for extraordinary achievement while participating in aerial flight, the results accomplished must be so exceptional and outstanding as to clearly set him apart from his comrades who have not been so recognized. The applicant’s request is based solely on the number of missions accomplished; however, award of the DFC at the time was not based on this single criterion. Moreover, the applicant has not provided any compelling evidence that he should now be considered for the DFC. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He thanks the AFHRA for their efforts and research to correct the records. He agrees with the assessment of the AFHRA but asks the Board to award the decedent and the rest of the crew the DFC for their last fatal mission or for the completion of their 25th mission. It is his opinion that had the crew completed their 30th mission they would have been awarded the DFC. The entire crew of the Memphis Belle another 8th Air Force plane was awarded the DFC for their 25th mission and tour completion. Due to the chaos of war, severe combat losses, or the fact the crew was killed or captured are the reasons why he did not receive at least one DFC after having flown at least 25 missions. The policy of the 3rd Bombardment Division was to award the DFC to aircrews upon completing their tour; a tour was 25 missions for the basic award. The policy was still in effect on 3 May 44 according to the information provided by the AFHRA. The policy did not change until 29 May 44. The applicant disagrees with A3O-AIF that the decedent should not be awarded the Aerial Gunner Badge because it is no longer awarded. There are a lot of items that are no longer awarded but that does not mean that one does not have their records updated for old badges and campaign awards they earned. Please award the Aerial Gunner Badge and the Air Force Aircrew Member Badge. Please issue the medals, decorations and award certificates as they have no certificates for his PH or any of his five AMs. In further support of his requests, a personal statement, American Battle Monuments Commission information, photographs and other various documents associated with his requests are provided. The applicant’s complete submission, with attachments, is at Exhibit G. ________________________________________________________________ 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 an error or injustice to warrant award of the DFC w/1 BOLCs. We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant should be awarded the DFC w 1OLC. While the applicant's assertions are noted, he has not provided substantial evidence which, in our opinion, successfully refutes the assessment of his case by the Air Force Historical Research Agency (AFHRA). Therefore, we agree with the opinion and recommendation of the AFHRA and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of either an error or an injustice. Regarding the applicant’s request that the decedent be awarded the Weapons Qualification Badge, after a thorough review of the available records, we did not find any evidence in the decedent’s official records to substantiate he met the qualifications or was awarded a Weapons Qualification Badge. Therefore, we find no basis to recommend granting this portion of the applicant’s request. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant award of the AM w/4 BOLCs, PUC, Aircrew Member Badge, EAMECM w/1 BSS, ACM and the GCM. Therefore we agree with the recommendations of the AFHRA and A3O-A1F and adopt the rationale expressed as the basis for our conclusion the applicant has been the victim of an error or injustice. Additionally, we note that the Army Air Force Gunners Badge (Wings) is no longer in existence. However, since it was in effect during the decedent’s military service and at the time, he met the criteria, we believe the records should accurately reflect this award. Therefore, in addition to the administrative corrections noted by DPSID, we recommend the decedent’s record be corrected to reflect that he was awarded the AM w/4 BOLCs, PUC, Aircrew Member Badge, EAMECM w/1 BSS, ACM and the GCM and the Army Air Force Gunners Badge. The applicant may request the awards from AFPC/DPSID, 550 C Street West Suite 12, JBSA-Randolph TX 78150-4714. Accordingly, we recommend the applicant’s records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records relating to DECEDENT be corrected to show that on 7 May 44, he was awarded the Air Medal with four Bronze Oak Leaf Clusters, Presidential Unit Citation, Army Air Force Gunners Badge (Wings), Aircrew Member Badge, European- African Middle Eastern Theater Campaign Medal with one Bronze Service Star, American Campaign Medal and the Good Conduct Medal. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2013-01991 in Executive Session on 5 Jun 14, under the provisions of AFI 36-2603: , Chair , Member , Member All members voted to correct the records as recommended. The following documentation was considered: Exhibit A. DD Form 149, dated 21 Apr 13, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 2 Jan 14. Exhibit D. Letter, USAF/A3O-AIF, dated 28 Jan 14. Exhibit E. Letter, AFHRA/RS, dated 25 Mar 14, w/atchs. Exhibit F. Letter, SAF/MRBR, dated 28 Mar 14. Exhibit G. Letter, Applicant, dated 14 Apr 14, w/atchs.