RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBERS:  BC-2003-02306
                 INDEX CODE 107.00
                 COUNSEL:  None

                 HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s records reflect receipt of the  Silver  Star  Medal
(SSM) for action in  World  War  II  (WWII)  and  the  certificate  be
presented to her.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband was hospitalized when he was awarded the SSM; however, his
records were never annotated nor did he ever receive  the  award.  She
provides a 17 Mar 44  newspaper  article  with  a  photo  and  caption
indicating her husband was being presented the SSM by a Colonel  W  at
Halloran General Hospital, Staten Island, NY.

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

_________________________________________________________________

STATEMENT OF FACTS:

The veteran  enlisted  on  20  Jan  42  and  was  commissioned  a  2nd
lieutenant and entered active duty  on  10  Oct  42.  He  entered  the
European Theater on 17 Mar 43.

While on a B-17 bombing mission over Bonn, Germany, on 12  Aug  43  at
0930, the veteran, a bombardier, was struck by flack high in the  left
cheek and in the left wrist and hand. All of the crew bailed  out  and
he was picked up as a Prisoner of War (POW) near Cologne, Germany, and
admitted to the Cologne Hospital the  next  day.  His  left  hand  was
placed in a cast and the flak in his  left  cheek  was  unsuccessfully
searched for through an incision in his mouth. On  removing  the  cast
nine weeks later, his left second and third fingers  were  very  stiff
and somewhat shortened. He was then taken  to  a  POW  camp  where  he
remained until he was repatriated and returned to the US on 5 Mar 44.

The veteran was admitted to Halloran General Hospital in NY on  15 Mar
44. Six days later he was transferred to Percy Jones Hospital, MI.  On
admission he was essentially asymptomatic except for rigidity  of  the
left second and third fingers and some tenderness of the left hand and
wrist. Physical examination revealed a small scar in  the  upper  left
cheek and healed entry/exit wounds in his left hand.  X-rays  revealed
destructive changes in the left hand and a metallic  foreign  body  in
his skull.

The  veteran  was  released  from  active  duty  in   the   grade   of
1st lieutenant on 18 Sep 45. He reentered active duty on 13 Dec 45. On
22 Jan 46, he presented before  a  Retiring  Board  for  Officers  who
determined he was unfit for military service based on  the  injury  to
his left hand. As a result, he was honorably discharged in  the  grade
of 1st lieutenant on 28 Jan 46 with a  20%  disability  rating  and  a
total of two years and two days of active service. The  applicant  was
the recipient of the European African Middle  Eastern  Service  Ribbon
with one Bronze Star, the Purple Heart for his injuries, the Air Medal
with  three  Oak  Leaf  Clusters  for  10  bombing  missions  and  the
destruction of one enemy airplane, and the Distinguished Flying  Cross
for 15 bombing missions and the destruction of two enemy airplanes.

On 27 Jan 92, the veteran died of a heart attack.

The applicant first submitted her appeal in behalf of her late husband
to the Army Board for  Correction  of  Military  Records  in  May  03.
However, in Jun 03 the Army returned her request and  advised  her  to
appeal to the Air Force. The AFBCMR intake office at Randolph received
her application on 14 Jul 03.

On 15 Aug 03, HQ AFPC/DPPPRA informed  the  applicant  that  her  late
husband’s records contained no indication he was ever recommended  for
or awarded the SSM. She was asked to provide  official  documentation,
such as the award order, substantiating her claim that he received the
SSM. The applicant did not respond.

On 5 Nov 03, HQ AFPC/DPPRSP advised the applicant that  her  husband’s
WD AGO Form 53-55 had been administratively corrected to  include  the
POW Medal (12 Aug 43-5 Mar 44), the American Campaign  Medal  and  the
WWII Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR advised that the SSM is awarded to an individual who was
distinguished by gallantry in action against an enemy of the US, while
engaged in military operations involving  conflict  with  an  opposing
foreign force, or while serving with friendly  forces  engaged  in  an
armed conflict against an opposing armed force in which the US was not
a belligerent party. The  applicant  has  not  provided  any  official
documentation  showing  the  veteran  was  awarded  the  SSM  or   any
information on which the SSM would have been based. The  news  article
is not considered official documentation as news articles at that time
sometimes gave erroneous information. The veteran himself  never  made
any official inquiry regarding an SSM. There are no documents  in  his
National Personnel Records dated after his second disability discharge
except for  the  notification  of  his  death.  Therefore,  denial  is
recommended.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 21 Nov 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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. After a thorough  review  of  the
evidence of record and the applicant’s submission, a majority  of  the
Board is not persuaded that the late veteran  should  be  awarded  the
SSM. The caption in the news photo provided by the  applicant  reports
that her late husband  was  presented  the  SSM  at  Halloran  General
Hospital. However, the majority of the Board is  uncertain  about  the
reliability of a news photo given that newspapers have been  known  to
report inaccurate information. Also, the  medal  being  given  to  the
applicant’s husband is not visible, unlike the  opposite  photo  which
shows what appears to be an SSM being presented  to  another  veteran.
Further, the late veteran’s military records reveal no  substantiation
that he was ever awarded the SSM or any details  regarding  the  basis
for the award. In this regard, special note should  be  given  to  the
rather steep criteria of the SSM, which is awarded  for  gallantry  in
action that does not warrant the Medal  of  Honor  or  the  Air  Force
Cross. Nevertheless, if the applicant could  provide  a  corroborating
statement from a witness who saw her husband being presented the award
or a veteran/official who can confirm he was awarded the SSM and  why,
the Board majority would be willing to review the  case  for  possible
reconsideration. Otherwise, the majority of the  Board  concludes  the
appeal should be denied. The
Board acknowledges the personal sacrifice the applicant’s husband made
in defending our country and hopes she and her family  take  pride  in
his courage and contributions during a perilous period in history.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 January 2004 under the provisions of  AFI  36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory H. Petkoff, Member
                 Mr. Albert C. Ellett, Member

By a majority vote, the Board recommended denial of  the  application.
Mr. Petkoff voted to grant and has  submitted  a  Minority  Report  at
Exhibit E. The  following  documentary  evidence  relating  to  AFBCMR
Docket Number BC-2003-02306 was considered:

   Exhibit A.  DD Form 149, dated 7 May 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 3 Nov 03.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.
   Exhibit E.  Minority Report.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2003-02306


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  Minority Report on AFBCMR Application of
                      (   , Deceased),   ( , Widow)

      On January 22, 2004, my colleagues voted  to  deny  the  widow’s
application for award of the Silver  Star  Medal  (SSM)  to  her  late
husband for action during World War II (WWII).  I disagree with  their
decision.

      I concede the late veteran’s military  records  contain  neither
corroborating evidence  he  was  ever  awarded  the  SSM  nor  details
regarding the basis on which he would have  received  it.   I  further
agree the information in newspaper articles is  not  always  reliable.
However,  I  note  this  veteran’s  WD  AGO  Form  53-98,  Report   of
Separation, had to be administratively corrected because  it  did  not
reflect his entitlement to the Prisoner of  War  Medal,  the  American
Campaign Medal,  and  the  WWII  Victory  Medal.   In  my  view,  this
incompleteness and inaccuracy in the late veteran’s record raises  the
possibility that at one time there may have  been  some  documentation
supporting the widow’s claim.

      Neither her late husband’s records  nor  the  newspaper  article
reporting his receipt of  the  SSM  are  necessarily  infallible,  but
considering these two facts  together,  I  think  we  should  be  more
generous by giving the applicant, and her late husband, the benefit of
the doubt.  It costs us nothing and, if the  newspaper  photograph  is
correct, it just might be the right thing to do.




                                  GREGORY H. PETKOFF,
                                  Board Member

AFBCMR BC-2003-02306





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of     (Deceased),
                                                             (    ,
Widow)

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case regarding her late husband be denied.  I concur
with that finding and their conclusion that relief is not warranted.
Accordingly, I accept their recommendation that the application be
denied.

      Please advise the applicant accordingly.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency