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Decision Text

AF | BCMR | CY2002 | BC 2002 01403
Original file (BC 2002 01403.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-01403
		COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His award of the Silver Star (SS) be upgraded to the Medal of 
Honor (MoH) for his actions on 26 Nov 43.


APPLICANT CONTENDS THAT:

After his aircraft was shot by a German fighter pilot, he was 
responsible for getting the pilot and crew home safely and should 
have been awarded the MoH.

In support of his request, the applicant provides a copy of four 
letters from the Army Review Boards Agency; WD AGO Form 53-55, 
Enlisted Record and Report of Separation Honorable Discharge, a 
Personal Narrative; and various other supporting documents.

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


STATEMENT OF FACTS:

The applicant served on active duty from 23 Jun 42 through 27 Oct 
45.  He was credited with 1 year, 9 months, and 11 days of foreign 
service.
According to documentation provided by the applicant, on 11 Jan 
44, he was wounded in action.
According to documentation provided by the applicant, he was a 
Prisoner of War (POW) in Germany from 11 Jan 44 to 3 May 45 and 
was assigned to the 358th Bomb Squadron, 303rd Bomb Group.
According to sections 3741, 6241, and 8741 of Title 10, United 
States Code (references (m), (n), and (o), respectively), the MoH 
may be awarded to members of the United States (US) Armed Forces 
who distinguish themselves conspicuously by gallantry and 
intrepidity at the risk of their lives above and beyond the call 
of duty under any of the following circumstances:
	a.  While engaged in an action against an enemy of the US.
	b.  While engaged in military operations involving conflict 
with an opposing foreign force.
	c.  While serving with friendly foreign forces engaged in an 
armed conflict against an opposing Armed Force in which the US is 
not a belligerent party.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an 
error or an injustice.  In order to reasonably consider the 
applicant’s request, he need to submit a recommendation from 
someone with firsthand knowledge of the act/achievement preferably 
within his chain of command at the time of the act/achievement, a 
proposed citation, and eyewitness statements.  The applicant has 
made several previous requests for the award and the decoration 
board for the Department of the Army has previously advised the 
applicant that he did not meet the criteria for the MOH and the SS 
is the appropriate decoration to recognize him for his actions.

A review of the applicant’s records revealed that he should have 
been awarded the Prisoner of War Medal (PWM), American Campaign 
Medal (ACM), and World War II Victory Medal (WWIIVM) and his 
official military personnel records will be administratively 
corrected by AFPC/DPSOR.

A complete copy of the DPSID evaluation is at Exhibit C.

AFHRA/RS recommends denial indicating they agree with the findings 
of DPSID, as they did not find any information that would support 
upgrading the SS to the MoH.  The official unit history does 
confirm the actions of the applicant mentioned in the narrative he 
submitted and it also makes clear that the bombardier of the 
aircraft was recommended for the MoH but later downgraded to the 
Distinguished Service Medal (DSM).  However, there is no mention 
of any submission of a MoH for the applicant and they should not 
second guess the decision of the applicant’s unit.

A complete copy of the AFHRA evaluation is at Exhibit D.

SAF/MRBP recommends denial indicating the applicant has not 
provided sufficient justification or documentation to support the 
upgrade of the approved SS to the MoH.  They must assume 
regularity in the award submission and nomination process in that 
his leadership at the time submitted and approved the appropriate 
level of decoration.

A complete copy of the MRBP evaluation is at Exhibit E.



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 14 Mar 14 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary responsibility 
(OPR) and adopt their rationale as the basis for our conclusion 
the applicant has not been the victim of an error or injustice.  
We note that AFPC/DPSID has determined the applicant’s eligibility 
for the award of the Prisoner of War Medal (PWM), American 
Campaign Medal (ACM), and World War II Victory Medal (WWIIVM) and 
will correct his records administratively.  Therefore, aside from 
the administrative corrections noted above, we find no basis to 
recommend granting relief beyond that rendered administratively.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket Number 
BC-2002-01403 in Executive Session on 29 Jul 14, under the 
provisions of AFI 36-2603:

		                  , Panel Chair
		                , Member
		                    , Member






The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2002-01403 was considered:

	Exhibit A.  DD Form 149, dated 27 Sep 11, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 6 Jan 14.
	Exhibit D.  Letter, AFHRA/RS, dated 23 Jan 14.
	Exhibit E.  Letter, SAF/MRBP, dated 7 Feb 14
	Exhibit F.  Letter, SAF/MRBR, dated 14 Mar 14.

	

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