RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03073
                                       INDEX CODE:  107.00
  XXXXXXXXXXXXXXXXXXXX
            COUNSEL:  NONE
  XXXXXXXXXXXXX
            HEARING DESIRED: NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s records be corrected  to  reflect  his  award  of  the
Silver Star Medal (SS).
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her late husband was awarded the SS in World War  II,  along  with  other
military members; however, he never  received  it  as  he  was  flying  a
mission at the time.

The applicant has provided  copies  of  assorted  official  and  personal
documentation, newspaper articles, book excerpts, photos, and biographies
concerning her late husband.  Her complete submission, with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

After serving in the National Guard as an  enlisted  member,  the  former
member accepted a commission  as  a  second  lieutenant  Officer  Reserve
Corps, Army of the United States on 16 February 1943, and entered  active
duty  the  same  day.   He  served  in  the  Asiatic-Pacific  Theater  of
Operations from 9 August 1943 to 20 January 1945.  He  was  progressively
promoted to the permanent rank of major effective 18 September 1945.   On
7 November  1945,  he  was  released  from   active   duty   because   of
demobilization and continued to participate in the Officer Reserve Corps.
 His WD  AGO  Form  53-98,  Military  Record  and  Report  of  Separation
Certificate of Service, issued at the time of  his  release  from  active
duty lists his decorations  and  citations  as  Asiatic  Pacific  Service
Medal, Distinguished Flying Cross, and  Air  Medal  with  five  oak  leaf
clusters.

On 12 May 1975, the veteran was placed on the Air Force  Reserve  Retired
List.  Effective 13 May 1975, at age 60, he  was  authorized  to  receive
retired pay per section 1331  and  1402,  Title  10  United  States  Code
(U.S.C.), in the grade of brigadier general.  He  was  credited  with  31
years, 9 months, and  17  days  of  satisfactory  Federal  service  under
section 1332 Title 10 U.S.C. and 35 years,  7  months,  and  29  days  of
service for basic pay.

According to the veteran’s latest AF Form 11,  Officer  Military  Record,
his awards consisted of the Distinguished Flying Cross,  Air  Medal  with
five oak leaf clusters, American Defense Service Medal, American Campaign
Medal, Asiatic Pacific Campaign Medal with  five  bronze  service  stars,
World War II Victory Medal,  National  Defense  Service  Medal  with  one
bronze service star, Philippine Liberation  Medal,  Air  Force  Longevity
Service Award with  one  bronze  oak  leaf  cluster,  Small  Arms  Expert
Marksmanship Ribbon, Air Force Outstanding Unit  Award,  Vietnam  Service
Medal, Armed Forces Expeditionary Medal, Combat Readiness Medal with  one
bronze oak leaf cluster, Presidential Unit  Citation,  and  Armed  Forces
Reserve Medal with two hour glass devices.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval  of  the  applicant’s  request.   DPPPR
states that the applicant has not provided any official documentation  to
show that her late husband was awarded the  SS.   The  news  article  she
provided is not considered official documentation, as  news  articles  at
that time sometimes gave erroneous information.  In  addition,  the  book
excerpts are not official documentation to prove the  award  of  the  SS.
There is no evidence that the veteran, himself,  ever  made  an  official
inquiry regarding an SS, nor is there evidence in his National  Personnel
Records.  It is DPPPR’s opinion that the applicant has not  provided  any
information on which award of an SS would have been based.  DPPPR  states
that without any official documentation (i.e., decoration special orders,
decoration, etc.), they are unable to verify  the  veteran’s  eligibility
for award of the SS.  The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


A copy of the Air Force Evaluation was forwarded to the applicant  on  17
December 2004, 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.  Sufficient relevant evidence has been presented  to  demonstrate  the
existence  of  injustice.   The  Board  majority  is  persuaded  by   the
applicant’s assertions concerning her late husband’s distinguished record
and the newspaper article she has provided that it  is  possible  he  was
indeed awarded the Silver Star Medal for  performance  of  duties  during
World War II.  Accordingly, in recognition of the applicant’s service  to
the nation, it is our opinion that any doubt should be  resolved  in  the
applicant’s favor.  Therefore, we recommend the records be  corrected  as
indicated below.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that, on 1  January  1945,  he
was awarded the Silver Star Medal for  gallantry  in  action  against  an
enemy of the United States.

_________________________________________________________________

The following members of the Board considered  this  application,  AFBCMR
Docket Number BC-2004-03073 in Executive Session on 7 April  2005,  under
the provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Mr. Vance E. Lineberger, Member
            Mr. James W. Russell III, Member

By a majority vote, the Board voted to correct the record as recommended.
 Mr. Russell voted to deny the applicant’s appeal  and  has  submitted  a
minority  report,  which  is  attached  at  Exhibit  E.   The   following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 Nov 04 with attachments.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 10 Dec 04.
     Exhibit D.  Letter, SAF/MRBR, dated 17 Dec 04.
     Exhibit E.  Minority Report, dated 21 Apr 05.




                                  RICHARD A. PETERSON
                                                   Panel Chair


AFBCMR BC-2004-03073


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board of 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 XXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that,
on 1 January 1945, he was awarded the Silver Star Medal for gallantry in
action against enemy of the United States.




                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
                 Boards Agency