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AF | BCMR | CY2005 | BC-2004-03133
Original file (BC-2004-03133.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03133
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXX                COUNSEL: NO

      XXXXXXXXXX                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late father’s records be corrected to reflect the award  of  the  Silver
Star Medal (SSM).
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father was recommended for the SSM in 1945;  however,  his  record  does
not reflect the award.

The  applicant  has  provided  two  letters  indicating   her   father   was
recommended for the SSM, a copy of his WD AGO Form  53-98,  Military  Record
and Report of Separation Certificate of Service, and  a  copy  of  the  late
veteran’s death certificate.  The  applicant’s  complete  submission  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member entered active duty on 5 February 1944.   He  was  trained
and served as a Navigator.  The former member served  an  overseas  tour  in
the European Theater of Operations from 20 April 1944  to  24  August  1945.
He was honorably discharged in the grade of Captain on 1 January 1946.   The
former member was credited with 1 year, 10 months, and  27  days  of  active
duty service, of which 1 year,  and  5  months  was  Foreign  Service.   His
Report of Separation reflects award of the Distinguished Flying  Cross  with
one Oak Leaf Cluster, the Air Medal with three Oak Leaf Clusters,  European-
African-Middle Eastern Campaign Medal with seven Bronze Service  Stars,  and
the World War II Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  disapproval.   DPPPR  states  that   there   is   no
documentation in the veteran’s record to indicate he was  awarded  the  SSM.
There are two documents in his  record  that  indicates  he  may  have  been
recommended for the SSM, but there is no evidence  that  the  SSM  was  ever
approved.  The DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


The former member’s command pilot provided a personal letter supporting  the
family’s application for award of the SSM to the former member.  A  copy  of
the letter of support is at 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.  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 father’s distinguished  record
and the letters of recommendation 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 the majority of the Board’s opinion that any
doubt should be  resolved  in  the  applicant’s  favor.   Therefore,  the
majority of the Board recommends his record  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 15 May 1945,  he  was
recommended for the award of the  Silver  Star  Medal  for  gallantry  in
action against an enemy of the United States on 3 February 1945, and  the
recommendation was approved by competent authority.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 5 May 2003 under the provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Sue A. Lumpkins, 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,  but  elected  not  to
submit a minority report.  The following documentary evidence for  AFBCMR
Docket Number BC-2004-03133 was considered:

     Exhibit A.  DD Form 149, dated 19 Apr 04 with attachments.
     Exhibit B.  Letter, AFPC/DPPPR, dated 15 Feb 05.
     Exhibit C.  Letter, SAF/MRBR, dated 4 Mar 05.
     Exhibit D.  Command Pilot’s Letter, dated 24 Apr 05.




                                  RICHARD A. PETERSON
                                                   Panel Chair


AFBCMR BC-2004-03133


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 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show
that, on 15 May 1945, he was recommended for the award of the Silver Star
Medal for gallantry in action against an enemy of the United States on 3
February 1945, and the recommendation was approved by competent
authority.




                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
                 Boards Agency



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