Search Decisions

Decision Text

AF | BCMR | CY2002 | 0102482
Original file (0102482.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02482
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His statement of the events that transpired during World War II be  inserted
in his military personnel records.

He be awarded a decoration for altruistic actions while a  Prisoner  of  War
(POW) during World War II.

By amendment at Exhibit F, it appears the applicant is  requesting  that  an
official statement be provided indicating that the Army made  a  mistake  in
taking a former member’s (TSgt J--- B---) word  without  corroborating  with
him (the applicant) concerning what transpired in the plane  and  the  train
escape.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The debriefing statement of  a  former  member  (TSgt  J---  B---)  contains
inaccurate information that he would like to correct with the  inclusion  of
his statement.  He should receive official recognition of  the  truth  while
in combat and as a  POW.   In  addition,  he  should  be  rewarded  for  his
altruism.

In support of his request, applicant submits personal statements, a copy  of
an escape statement,  copies  of  his  book  “The  Eleventh  Passenger”  and
additional documents associated with the issues cited in his contentions.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.

The applicant’s Enlisted Record and Report of  Separation  reveals  that  he
participated in the European Theater of Operation (ETO) during the period  1
Jan 44 through 21 Feb 45.  He received an honorable  (disability)  discharge
in the grade of staff sergeant (E-5) from the Army Air Force on 25  Jul  45.
The applicant had completed a total of 2 years, 3  months  and  10  days  of
continental service and 1 year, 1 month and 13 days of  foreign  service  at
the time of discharge.

The remaining relevant facts pertaining to this  application  are  contained
in the letters prepared by the appropriate  offices  of  the  Air  Force  at
Exhibits C and E.

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPSAMP recommends the application be  denied.   DPSAMP  stated  that
the only  personnel  record  on  the  applicant  consists  of  documents  he
provided.  The document the applicant wants filed in  his  master  personnel
record (MPR) is not an official document that is required  to  be  filed  in
the MPR.   Absent  any  derogatory  information/comments  in  his  MPR,  the
additional documentation serves no purpose.  The HQ AFPC/DPSAMP  evaluation,
with attachment, is at Exhibit C.


HQ AFPC/DPPPR stated that the applicant served on  active  duty  during  the
period 3 Mar 42 - 25 Jul 45, with an overseas tour beginning 1 Feb  44.   He
was a POW in Italy during the period 17 Feb 44 -  17  Jan  45.   Applicant’s
Report of Separation reflects award of the Purple Heart Medal and  European-
African-Middle  Eastern  Campaign,  with  1  Bronze  Service  Star.    DPPPR
indicated that the applicant is  also  entitled  to  the  American  Campaign
Medal, World War II Victory Medal and POW Medal, and that these  decorations
have  been  administratively  added  to  his  Report  of  Separation  by  HQ
AFPC/DPPRSP on 20 Jun 02.

DPPPR stated that the applicant has made  several  allegations  and  claims,
all of which are supposed to be verified by a book he  wrote  regarding  his
World War II experiences.  He did not provide  any  statements  or  official
documents  to  substantiate  his  claims  or  allegations.   There   is   no
decoration for “altruistic actions” performed while a POW,  and  his  claims
cannot be verified  at  this  late  date.   It  should  be  noted  that  the
applicant was shot down and taken prisoner of war  without  having  received
recognition  for  his  aerial  achievements.   In  1946,  the   policy   was
established that any WWII veteran who was shot down,  taken  POW  or  killed
without  receiving  recognition  for   aerial   achievement(s)   should   be
considered for award of the Air Medal.  Therefore, the applicant  should  be
considered for award of the Air  Medal.   DPPPR  is  unable  to  verify  his
eligibility for any decorations while he was held as a POW.

DPPPR recommends the  applicant’s  request  for  “an  award  for  altruistic
actions” while a POW  in  Italy  during  WWII  be  denied.   However,  DPPPR
recommends approval of the Air Medal for the period 1 Feb 44 - 17 Feb 44  in
recognition of the applicant’s aerial achievements during that period.   The
HQ AFPC/DPPPR evaluation, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

He stated that he is aware that the  military  does  not  award  medals  for
altruism, but for heroic acts  of  blood  and  guts  as  often  depicted  by
Hollywood.  The Army debriefed the former member (TSgt  B---),  but  he  was
never debriefed.  He has been asked for proof or  witnesses,  yet  the  Army
never demanded proof from TSgt B---.  Unfortunately, the men who could  have
spoken for him were Germans or they are dead.  For proof of  his  “Altruism”
he still carries the painful wounds  he  sustained  in  the  plane  and  his
subsequent imprisonment and can be proven at  the  VA  Hospital  at  Albany.
The very nature of his wounds could prove his contention.  He is willing  to
go before a committee to  be  belatedly  debriefed.   All  he  wants  is  an
official statement saying that the Army had made a  mistake  in  taking  the
former member’s (TSgt B---) word without corroborating with him in what  had
transpired in the plane and later his escape from the train thanks to him.

The applicant’s complete submission, with attachment, is at Exhibit F.

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice concerning his awards.  After reviewing  the
applicant’s submission and the evidence of record,  we  are  persuaded  that
some relief is warranted.  In this respect, we are  in  agreement  with  the
opinion  and  recommendation  of  the  appropriate  Air  Force  office,   HQ
AFPC/DPPPR,  that  the  evidence  supports  award  of  the  Air   Medal   in
recognition of the applicant’s aerial achievement while participating  as  a
gunner on a combat mission in Europe during the  period  1-17  Feb  44.   In
view of the foregoing, we recommend the applicant’s records be corrected  to
the extent indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice concerning the remaining requests.   We  are
not unmindful or unappreciative of the applicant’s service  to  his  Nation.
Nevertheless, other than his own assertions, he  has  provided  no  official
documentary evidence to substantiate his claims.  We do not wish to  deprive
the applicant of an award to which he is entitled;  however,  based  on  the
evidence before us, we have no recourse but to  conclude  that  his  request
for an award for his altruistic actions while a POW during  WWII  should  be
denied.  With regards to inserting applicant’s  personal  statement  in  his
Master  Personnel  Records  (MPR),   we   agree   with   the   opinion   and
recommendation of the appropriate Air Force office,  HQ  AFPC/DPSAMP,  that,
since the applicant’s personal  statement  is  not  an  official  authorized
document, it is not required to be filed in  his  MPR.   As  to  applicant’s
request that he be provided an  official  statement  of  error,  it  is  not
within the purview of the Board to request such  statements.   The  personal
sacrifice the applicant endured for his country is noted  and  our  decision
should in no way lessen his service.  However, in view of the  few  existing
official documents provided for  our  review  and  without  more  compelling
information to substantiate the applicant’s  claim,  we  find  no  basis  to
recommend granting the relief sought  on  the  remaining  portions  of  this
application.

5.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that, on 24 July 1945, he was awarded  the
Air Medal for meritorious achievement while participating in aerial  flights
as a gunner on combat missions in the European Theater of Operations  during
the period of 1 February 1944 to 17 February 1944.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 24 September 2002 under the provisions of AFI 36-2603:

                  Ms. Peggy E. Gordon, Panel Chair
                  Mr. John B. Hennessey, Member
              Mr. Albert J. Starnes, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
01-02482.

   Exhibit A.  DD Form 149, dated 20 Aug 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSAMP, dated 17 May 02, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPR, undated, w/atch.
   Exhibit E.  Letters, SAF/MRBR, dated 24 May 02 and 3 Jul 02.
   Exhibit F.  Letter from Applicant, dated 22 Jul 02, w/atch.




                                   PEGGY E. GORDON
                                   Panel Chair



AFBCMR 01-02482




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 APPLICANT be corrected to show that, on 24 July 1945, he was
awarded the Air Medal for meritorious achievement while participating in
aerial flights as a gunner on combat missions in the European Theater of
Operations during the period of 1 February 1944 to 17 February 1944.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-01738

    Original file (BC-2005-01738.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01738 INDEX CODE: 107.00 (Member/Uncle) COUNSEL: None (Applicant/Nephew) 063-14-5768 HEARING DESIRED: Yes MANDATORY CASE COMPLETION DATE: 29 NOV 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His uncle be awarded the Silver Star (SS) [or some other fitting award - See Exhibit E] for heroic actions performed in World War II...

  • AF | BCMR | CY2002 | BC-2002-03474

    Original file (BC-2002-03474.doc) Auto-classification: Denied

    The following is the only known information pertaining to the applicant's service and was extracted from the partially reconstructed record and from documents provided by the applicant. After a thorough review of his submission and the supporting documentation he provided, to include a letter from a former POW detailing the events that transpired during their captivity, this statement does not persuade us that he should be awarded the Purple Heart Medal. However, should the applicant...

  • AF | BCMR | CY2001 | 0100304

    Original file (0100304.doc) Auto-classification: Approved

    The applicant provided a 9 Oct 45 War Department document indicating that he was awarded the PH for wounds received in action on 13 Jun 43 in the European Theater. A complete copy of the evaluation, with attachment, is at Exhibit C. The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, advised that, since the applicant was a POW for approximately 23 months, he meets the prerequisites for a POW promotion and recommends he be promoted to MSgt effective 24 Sep 45, one day prior to his discharge...

  • AF | BCMR | CY2001 | 0002119

    Original file (0002119.doc) Auto-classification: Approved

    The applicant’s case file reveals that the Director, Personnel Accountability, HQ AFPC/DPW, requested the applicant’s discharge document be corrected to reflect he was a POW from 22 Feb 45 to 29 Apr 45. _________________________________________________________________ AIR FORCE EVALUATION: The Recognition Programs Branch, HQ AFPC/DPPPR, stated that the applicant’s request for award of the Purple Heart (PH) medal was forwarded to the Purple Heart Review Board (PHRB) on 4 Jan 00. ...

  • AF | BCMR | CY1999 | 9803028

    Original file (9803028.doc) Auto-classification: Denied

    During the period of 7 Oct 44 through 9 Apr 45, the applicant completed 30 operational missions. The applicant did not respond to DPPR’s letter requesting a copy of his Report of Separation. Without any additional documentation to support his request, DPPPR cannot verify the applicant’s eligibility for the DFC; therefore, they recommend the applicant’s request be denied (Exhibit B).

  • AF | BCMR | CY2008 | BC-2007-01675

    Original file (BC-2007-01675.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01675 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal for an injury he sustained when his aircraft was shot down on 4 Aug 44, and any other awards to which he may be entitled. His available records reflect he enlisted in the Army on...

  • AF | BCMR | CY2004 | BC-2004-00937

    Original file (BC-2004-00937.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR advises that, to be awarded the PH, a member must provide detailed evidence/documentation to support he was wounded as a direct result of enemy action and received treatment by medical personnel. By the time he was liberated from the POW camp nine months later, his wounds had healed and no further treatment was necessary. Exhibit E. Letter, Applicant, dated 13 Jun 04, w/atchs.

  • AF | BCMR | CY2003 | 0201851

    Original file (0201851.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01851 INDEX CODE: 130.00 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Prisoner of War (POW) medal for his time as prisoner of war during WWII. He was given POW status; however, he has not been given the medal. _________________________________________________________________ AIR FORCE...

  • AF | BCMR | CY2006 | BC-2005-03520

    Original file (BC-2005-03520.doc) Auto-classification: Denied

    He was captured that same day and remained in POW status until 7 May 1945. DPPPR’s complete evaluation is at Exhibit C. ADDITIONAL AIR FORCE EVALUATION: HQ AFPC/DPFC has verified his status as a WWII POW and has requested his record be corrected to reflect such. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...

  • AF | BCMR | CY2004 | BC-2004-01096

    Original file (BC-2004-01096.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01096 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he was awarded the Distinguished Flying Cross (DFC). Since there was no evidence in the applicant’s military record that he was recommended for, or awarded, the DFC, they are unable to verify...