RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02623
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS:

Award of the Silver Star Medal and the Purple Heart Medal.

NOTE:   Applicant’s  request  for  award  of  the  Commendation  Medal   and
promotion in the National Guard deals with time served in the Army  National
Guard; therefore, this  issue  will  be  addressed  by  the  Army  Board  of
Corrections.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was recommended for the Silver Star Medal (SSM) for actions  on  8  April
1945, but it  was  never  awarded.   He  believes  the  SSM  may  have  been
downgraded to a Distinguished Flying Cross (DFC), but is unsure.   He  would
now like to receive the appropriate medal for his actions on 8 April 1945.

In support of his request, applicant submits a  personal  statement,  copies
of his Reports of Separation from 1945 and 1956, a letter from a  member  of
Congress, and a Certificate of Flying  Status,  dated  25  June  1945.   The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 20 May 1944, the applicant was appointed  and  commissioned  a  temporary
second lieutenant, Army Air Corps, and was voluntarily ordered  to  extended
active  duty.   He  was  progressively  promoted  to  the  grade  of   first
lieutenant, effective and with a date of rank of 10 April 1945.

Applicant’s Certificate of Flying Status, dated 25 June 1945,  indicates  he
received no injuries when his plane was shot down over Indochina on 8  April
1945.

Applicant’s WD AGO Form, Certificate of  Separation,  reveals  he  served  a
tour in the Pacific Theater of Operations from 20 September 1944 to  6  July
1945.  He was awarded the Air Medal, third and  fourth  oak  leaf  clusters;
the Philippine  Liberation  Ribbon,  with  two  bronze  stars;  the  Asiatic
Pacific Ribbon, with  five  bronze  stars;  and,  the  Good  Conduct  Medal.
Wounds received in action were burns to his face, China, 8 April  1945.   He
was released from active duty on 23 November 1945  in  the  grade  of  first
lieutenant.   He  had  completed  a  total  of  7  months  and  18  days  of
continental service and 10 months and 16 days of foreign service.

The applicant was assigned to the inactive United States Army  Reserve  from
24 November 1945 - 18 March 1947.  Subsequent to that  time,  he  served  in
the National Guard (NGUS) and United States Army  Reserve.   Applicant’s  DD
Form 214, Report of Separation from the Armed Forces of the  United  States,
reveals that, on 28 December 1950, he served on active duty with the  United
States Army for a period of five years, three months  and  three  days.   He
was honorably discharged in the grade of  captain  from  the  United  States
Army on 31 March 1956.  He had completed a total of 13 years, 4  months  and
11 days of net service  for  pay  purposes.   During  this  period,  he  was
awarded the Army  Occupation  Medal  (Ger),  the  National  Defense  Service
Medal, the Armed Forces Reserve Medal, the Philippines  Independence  Ribbon
and the 1 0/S Bar.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application  be  denied.   DPPPR  informed  the
applicant that they could find no mention of an injury or  wound  caused  by
enemy action or any document in his medical records showing he  was  treated
for a wound or injury caused  by  the  enemy.   Therefore,  they  asked  the
applicant to provide the necessary information  and  documents  regarding  a
wound or injury caused by the enemy; however, he did not  respond  to  their
request.

DPPPR states the applicant’s records show he received no injuries  while  in
the Pacific Theater of Operations.  Therefore, they  are  unable  to  verify
the applicant’s eligibility for award of the Purple Heart Medal.  Since  the
applicant received the Air Medal, with fourth  oak  leaf  cluster,  for  his
action on 8 April 1945, he is not eligible for  award  of  the  Silver  Star
Medal for the same actions on that  date.   DPPPR  found  no  indication  in
applicant’s records that he was recommended for the  Silver  Star  Medal  at
any time.  The HQ AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on  9  January
2004 for review and response.   As  of  this  date,  no  response  has  been
received by this office (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 error or injustice.  The applicant’s  aerial  achievements  are
noted and our decision in no way lessens  the  value  of  his  contributions
while in the service.  However, we find  insufficient  documentary  evidence
has  been  presented  to  warrant  awarding  the  relief  sought   in   this
application.  We note that the applicant’s aerial achievements  on  8  April
1945 were recognized by  award  of  the  Air  Medal  with  fourth  oak  leaf
cluster.   No  documents  have  been  submitted  substantiating   that   the
applicant was recommended for award of the Silver  Star  Medal  and/or  that
such a recommendation was  improperly  disapproved.   As  to  award  of  the
Purple Heart, the available evidence does not indicate that the  applicant’s
injury was the direct result of enemy action.  He has been asked to  provide
additional information that would indicate his  injury  meets  the  criteria
for the Purple Heart, but he has failed to do so.  The applicant’s  military
records indicate he received no injuries when his plane was shot  down  over
Indochina on 8  April  1945  and  ultimately  picked  up  by  submarine  and
returned to his base.  Although his Certificate of Service reveals burns  to
his face on 8 April 1945, no documentation has been provided to  verify  the
injury was caused as a direct result of enemy action.   In  the  absence  of
documentary  evidence  substantiating  that  he  was  recommended  for   the
requested  award(s)  and/or  that  such  a  recommendation  was   improperly
disapproved, or, some independent evidence of the  events  in  the  form  of
contemporaneous documentation or witness statements on which we may base  an
evaluation as to whether the criteria for award of  the  requested  medal(s)
was  met,  we  do  not  find  the  evidence  provided  establishes  to   our
satisfaction that  the  applicant  has  been  the  victim  of  an  error  or
injustice.  Should the applicant provide any corroborative documentation  or
witness statements which would lead us to believe he was wounded or  injured
as a direct result of enemy action or that he received medical treatment  at
any time for such a would or injury, the Board may be willing to review  the
case for possible reconsideration.  In view of the above, we find  no  basis
upon which to favorably consider this application.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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 this application in  Executive
Session on 22 April 2004, under the provisions of AFI 36-2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. John B. Hennessey, Member
                  Mr. Jay H. Jordan, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-02623.

   Exhibit A.  DD Form 149, dated 19 May 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 29 Dec 03.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.




                                   ROBERT S. BOYD
                                   Panel Chair