RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02583
            INDEX CODE:  100, 107

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect his being a Prisoner of War (POW),
all the decorations to which he is entitled, and action regarding  the
recommendation for award of the Silver Star Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There is nothing on his discharge pertaining to being a POW; there  is
nothing indicating  that  he  was  wounded  in  action;  the  list  of
decorations and citations is not complete; and, nothing in  regard  to
the recommendation for the Silver Star Medal.

In support of his  appeal,  the  applicant  provided  a  copy  of  his
Enlisted Record and Report of Separation, a  statement  from  a  first
lieutenant, Air Corps, dated  23 May  1945,  and  other  documentation
relating to his application.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military records were destroyed in the  1973  fire  at
the National Personnel Records Center  (NPRC),  St.  Louis,  Missouri.
Therefore, the only documents  regarding  his  service  are  those  he
furnished.

Applicant served on active duty from 12 Aug 42 - 1 Nov 45.  He  was  a
POW in Germany from 22 Jun 43 - 1 May 45 and was wounded on 23 Jun 43.

On 1 Nov 45, the applicant was honorably discharged from the  Army  of
the United States in the grade of technical sergeant.

On 17 Feb 98, the Recognition Programs Branch, AFPC/DPPPRA,  forwarded
a letter to the applicant which responded to the applicant’s 15 Sep 94
application for correction of military records in which  he  requested
his Report of Separation be corrected to reflect  wounds  received  in
action and his awards and decorations.  DPPPRA indicated that Item  34
(Wounds Received in Action) should be corrected to read, “Wounded as a
result of enemy action, 23 Jun 43, Europe.”  DPPPRA explained that  an
error was made  regarding  award  of  the  Purple  Heart  in  Oct  95;
applicant was awarded the Purple Heart with one (1) Oak  Leaf  Cluster
(OLC) but should have only received one award  of  the  Purple  Heart.
DPPPRA stated that since the applicant did not enlist prior  to  7 Dec
41, he was  not  entitled  to  the  American  Defense  Service  Medal.
However, he was entitled to the American Campaign Medal, World  War II
Victory Medal, European-African-Middle Eastern Campaign Medal  with  1
Bronze Service Star, Purple Heart, and POW Medal.  Applicant’s records
were forwarded to the appropriate office  to  have  these  corrections
made.

On 2 Mar 98, a DD Form 215 (Correction to DD Form 214, Certificate  of
Release or Discharge From Active Duty) was  issued  to  the  applicant
reflecting the above corrections on his Report of Separation.  He  was
not awarded the Silver Star Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Recognition   Programs   Branch,   AFPC/DPPPRA,   reviewed   this
application and indicated that the  “recommendation”  for  the  Silver
Star Medal is annotated “Camp Lucky Strike (camp for repatriated  POWs
prior to shipping out  to  the  continental  United  States  (CONUS)),
23 May 1945,” two days after the applicant was supposed to  have  been
returned to military control, and it is addressed to  “Awards  Board.”
There is no indication as to the identity of the  writer,  whether  it
was ever submitted, or that it was in official  channels.   While  the
applicant’s records were destroyed in  the  1973  fire,  there  is  no
indication  in  his  present  records,  nor   did   he   furnish   any
documentation, that he made any prior effort to ascertain  the  status
of this “recommendation.”  The “recommendation” for  the  Silver  Star
Medal now submitted is not considered valid.  There is no indorsement,
there is no indication a formal recommendation package  was  submitted
into official channels, and DPPPRA does not believe the actions  cited
in the “recommendation” meet the criteria for award of the Silver Star
Medal.  The Silver Star Medal is awarded for gallantry in action  that
does not warrant a Medal of Honor or Air Force  Cross;  “gallantry  in
action” meaning heroism of high degree involving risk of life.   Since
the applicant was a tail gunner, his life was at risk just manning his
position.  However, the applicant was shot  down  and  taken  prisoner
without having received recognition for  his  aerial  achievement  and
DPPPRA believes that he should be awarded the Air  Medal,  in  keeping
with the recognition received by his peers at that time.  In  view  of
the  foregoing,  DPPPRA  recommends  disapproval  of  the  applicant’s
request for award of the Silver Star Medal;  however,  they  recommend
award of the  Air  Medal  for  the  period  May  1943 -  Jun  1943  in
recognition of his aerial achievements during World War II.

A complete copy of the Air  Force  evaluation,  with  attachments,  is
attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  again  provided  a  copy  of  a  statement  from  a   first
lieutenant, Air Corps, dated 23 May  1945,  and  indicated  that  this
statement is what entitled him to receive the Silver Star  Medal.   He
also included a paper copy of the Silver Star Award.

Applicant’s  complete  response,  with  attachments,  is  attached  at
Exhibit D.

_________________________________________________________________

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 probable error or injustice warranting award  of  the
Silver Star Medal.  While we note the  paper  citation  the  applicant
provided for  the  Silver  Star  and  the  statement  from  the  first
lieutenant, Air Corps,  as  noted  by  the  Air  Force,  there  is  no
indication as to the identity of the writer,  whether  the  award  was
ever  submitted,  or  that  the  award  was  submitted  into  official
channels.  Therefore, without more convincing evidence, the  applicant
has failed to sustain his burden that he has suffered either an  error
or an injustice and we find no basis to recommend granting  the  award
of the Silver Star Medal based  on  the  documentation  provided.   In
regard to applicant’s request regarding the awards and decorations  he
is entitled to, we note that applicant was issued a  DD  Form  215  on
2 Mar 98 reflecting all his awards and decorations, including the  POW
Medal and wounds received in action, to which he was entitled.

5.    Notwithstanding the above, DPPPRA indicated, in their 25 Sep  98
advisory opinion, that applicant was  shot  down  and  taken  prisoner
without having received recognition for his  aerial  achievements  and
should be awarded the  Air  Medal  in  keeping  with  the  recognition
received by  his  peers  at  that  time.   We  agree.   Therefore,  we
recommend the applicant be awarded the Air Medal in recognition of his
aerial achievements during World War II from May 43 to Jun 43.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  awarded  the
Air Medal for meritorious achievement while  participating  in  aerial
flight during the period May 43 to Jun 43.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 July 1999, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gary Appleton, Member
              Ms. Patricia D. Vestal, Member
              Mrs. Joyce Earley, Examiner (without vote)

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Aug 98, w/atchs.
     Exhibit B.  Letter, AFPC/DPPPRA, dated 25 Sep 98, w/atchs.
     Exhibit C.  Letter, AFBCMR, dated 12 Oct 98.
     Exhibit D.  Memo fr applicant, undated, w/atch.



                                   RICHARD A. PETERSON
                                   Panel Chair


INDEX CODE:  100, 107

AFBCMR 98-02583




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the  recommendation  of  the  Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat  116),  it  is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to   be corrected to show that he was awarded  the  Air
Medal for meritorious achievement while participating in aerial flight
during the period May 1943 to June 1943.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency

Attachment:
Proposed citation