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AF | BCMR | CY2005 | BC-2005-00650
Original file (BC-2005-00650.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2005-00650
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Silver Star (SS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His squadron commander told him he was  recommending  him  for  the  SS  for
valor on 9 April 1942 at Bataan.  On that  date,  during  the  fall  of  the
Battle of Bataan, as a squadron runner he was ordered to a forward  position
beyond the front lines while under fire,  to  notify  five  men  that  their
front lines were broken and a retreat was in progress.  As a result  of  his
actions, the lives of the men were saved.  After the Bataan Death March  and
over three years of captivity in a Japanese Prisoner-of-War (POW)  camp,  he
lost contact with his squadron  commander  and  assumed  that  he  had  died
during the march.

In support of the appeal, applicant provides his personal statements  and  a
statement from one of  the  individuals  he  saved  on  9  April  1942,  who
witnessed the commander stating he was recommending the  applicant  for  the
SS.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 12 April 2005, SAF/MRBR advised the applicant that his records  had  been
affected by a 1973 fire at the National  Personnel  Records  Center  (NPRC);
that his records had been previously charged out within NPRC and  could  not
be located; and that he should submit a copy of his  Report  of  Separation.
The Enlisted Record and Report of Separation, Honorable Discharge,  provided
by  applicant  indicates  that  he  served  in  the  Army  Air  Corps   from
8 September 1939 to 24 March 1946, as a parachute  rigger,  participated  in
the Philippine Island and Luzon battle/campaigns,  in  the  Asiatic  Pacific
and American Theaters of Operation, and was awarded the Purple Heart (PH).

The Silver Star (SS) may be awarded for gallantry in action,  e.g.,  heroism
of high degree involving risk of life that  does  not  warrant  a  Medal  of
Honor or an Air Force Cross.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
there  is  no  supporting  documentation  in  his  military  record  or  any
submitted to substantiate his  claim  for  the  SS.   The  SS  is  currently
awarded by all branches of  the  Armed  Forces  to  any  person  who,  while
serving in any capacity, is cited for gallantry in action against  an  enemy
of  the  United  States  while  engaged  in  military  operations  involving
conflict with an opposing foreign force,  or  while  serving  with  friendly
forces against an opposing Armed Force in which the United States is  not  a
belligerent party.

The AFPC/DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 20 May 2005 for review and response within 30 days.  However, 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.  In this respect, we note that in 1973  the
applicant’s records were destroyed by fire at the  NPRC.   After  thoroughly
reviewing the available  evidence  of  record  and  noting  the  applicant’s
contentions, we are not persuaded that he has been the victim  of  error  or
injustice.  The statement submitted  in  the  applicant’s  behalf  indicates
that the commander stated that he was recommending  the  applicant  for  the
SS; however,  we  find  no  evidence  the  recommendation  was  placed  into
official channels.  The personal sacrifice the  applicant  endured  for  his
country is noted and our decision in no way diminishes the  high  regard  we
have  for  actions  on  9  April  1942;  however,  insufficient  documentary
evidence has been presented to warrant awarding him the SS.   Therefore,  in
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting the relief sought in 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  Docket  Number  BC-2005-00650
in Executive Session on 23 June 2005, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Christopher D. Carey, Member
                       Mr. Wayne R. Gracie, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Feb 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 12 May 05.
    Exhibit C.  Letter, SAF/MRBR, dated 20 May 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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