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AF | BCMR | CY2005 | BC-2004-03796
Original file (BC-2004-03796.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-03796
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 13 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Silver Star (SS) for his actions during a bombing raid  to
a strategic target at Hamburg, Germany, on 30 October 1944.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The interrogating intelligence officer at the  de-briefing  of  the  mission
proposed the SS; however, he never heard anything  further.   Based  on  the
commander’s reputation of favoring only pilots for higher  decorations,  and
since he was a navigator, the  SS  proposal  was  likely  ignored  or  never
considered.

In support of the appeal,  applicant  submits  an  affidavit  and  narrative
recommendation  for  award  of  the  SS  from  the  former  group  commander
indicating  that  based  on  the  applicant’s  actions  during  the  subject
mission, he should have been awarded the SS.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is a former Army Air Corps member who served on active  duty  from
22 April 1944 to 30 September 1945.  During the period 21 July 1944  through
14 March 1945, he was assigned to the 67th Bombardment Squadron  in  England
as a B-24 navigator and completed 35 combat missions.

On 24 April 2001, the Board favorably considered applicant’s request  to  be
awarded the Distinguished Flying Cross (DFC) and fifth and  sixth  oak  leaf
clusters to the Air Medal for flying 10 combat missions  over  the  required
25 missions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
applicant has already received a decoration in recognition  of  his  service
during World War II.  An individual cannot receive two decorations  for  the
same actions/period of time  as  this  would  constitute  dual  recognition.
There is no  indication  in  his  records,  and  he  has  not  provided  any
documentation, showing that a recommendation for the SS was submitted.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Contrary to the evaluation, there are numerous other combat instances  where
multiple awards have been made for actions in the same  period  of  time  to
other  combat  aviators  for  individual  acts  of  heroism,  bravery,   and
leadership.  Further, he provides a  recommendation  from  the  next  higher
official in his former chain of command.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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 applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  The affidavit and narrative recommendation for award  of
the SS from the applicant’s former group commander are duly noted;  however,
insufficient corroborative evidence has been presented to substantiate  that
the SS recommendation would have been approved.  Therefore, in  the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

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  Docket  Number  BC-2004-03796
in Executive Session on 2 March 2005, under the provisions of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Clarence D. Long, III, Member
                       Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 22 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 05.
    Exhibit E.  Letter, Applicant, dated 8 Jan 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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