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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