RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01651
                                             INDEX CODE:  107.00
      XXXXXXXXX                         COUNSEL:  NONE

      XXXXXXXXX                         HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  21 NOV 2006


________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s records be corrected to reflect that he was  awarded  the
Silver Star (SS), the Distinguished Flying  Cross  (DFC),  the  Bronze  Star
Medal (BSM), and the Purple Heart (PH).

________________________________________________________________

APPLICANT CONTENDS THAT:

The decorations are not listed on her late  husband’s  WD  AGO  Form  53-55,
Enlisted Record and Report of Separation, issued in conjunction with his  20
September  1945  discharge.   She  recently  discovered  newspaper  articles
concerning the award of the DFC and PH to her husband during World War II.

In support of the  appeal,  applicant  submits  copies  of  photographs  and
newspaper articles.

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

________________________________________________________________

STATEMENT OF FACTS:

The member’s records  were  destroyed  by  fire  in  1973  at  the  National
Personnel Records Center.  Therefore, the  following  information  has  been
extracted from the documentation provided by applicant.

The member was a former Army Air Corps member  who  served  on  active  duty
from 9 December 1941 through 20 September 1945, as a B-24  Liberator,  radio
operator.  He participated in the Egypt,  Tunisian  and  Sicilian  campaigns
and the European Air Offensive.

On 1 January 1943, he was awarded the Air Medal (AM) while assigned  to  the
Ninth  Air  Force  in   recognition   of   meritorious   achievement   while
participating  in  aerial  flight,  having  participated  in  100  hours  of
operational flight against the enemy in the Middle East theater.

The SS is awarded for gallantry in action not warranting award  of  a  Medal
of Honor (MOH) or Distinguished Service Cross (DSC).

The DFC was established by Congress  on  2 July  1926  and  is  awarded  for
heroism or extraordinary achievement while participating in  aerial  flight.
The performance of the act of heroism must be evidenced by voluntary  action
above and beyond the call of duty.

The BSM is awarded for action against an  enemy  of  the  US  not  involving
participation in aerial flight.

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is  necessary  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the applicant’s request for issuance of  the  PH,  DFC
and BSM to her late  husband  be  denied,  and  states,  in  part,  that  no
official documentation has been provided to show the member was  recommended
for, or awarded the DFC, BSM, and PH.   Further,  the  BSM  is  awarded  for
actions not involving participation in aerial flight.

AFPC/DPPPR verified the member’s entitlement to the  European-African-Middle
Eastern-Campaign Medal, with four Bronze Service Stars (EAME, w/4 BSS),  the
World War II Victory Medal (WWIIVM), and the American Campaign Medal  (ACM),
and have administratively corrected his records  to  include  these  medals.
In addition, the applicant will receive a one-time replacement  of  all  the
awards listed on her husband’s Enlisted Record and Report of Separation.

A complete copy of the evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of the appeal, applicant submits a copy  of  the  general
orders awarding her late husband the Air Medal, a  War  Department  telegram
and a letter from the Turkish War Academy (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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to warrant awarding  the  SS  and  BSM.   In
this respect, we note  the  SS  is  awarded  for  gallantry  in  action  not
warranting award of a Medal of Honor (MOH) or  Distinguished  Service  Cross
(DSC).  We also note the BSM is awarded for action against an enemy  of  the
US not  involving  participation  in  aerial  flight.   Since  the  member’s
records were destroyed by fire in 1973, we must  consider  this  application
based solely on the documentation provided by  applicant.   After  reviewing
this evidence, we are not persuaded that the member’s actions as  a  machine
gunner met the eligibility criteria for these  awards.   Therefore,  in  the
absence of evidence to  the  contrary,  we  find  no  basis  upon  which  to
recommend awarding the SS and BSM.

4.    The photographs and newspaper  articles  submitted  by  applicant  are
duly noted; however, since there is no  way  to  verify  these  articles,  a
majority of the Board finds this documentation is not sufficient to  warrant
awarding the DFC and the PH.  A majority of the  Board  notes  the  personal
sacrifice the member endured for his country and their recommendation in  no
way diminishes the high regard they  have  for  his  service;  however,  the
Board’s majority finds no documentation  that  his  injury  was  the  direct
result of enemy action.  To  the  contrary,  Item  34,  Wounds  Received  in
Action,  on  the  Report  of  Separation  issued  in  conjunction  with  his
20 September 1945 separation, indicates “none.”   Although  the  member  was
awarded the AM for his  completion  of  100  operational  flying  hours,  no
evidence has been presented to indicate he  was  ever  recommended  for  the
DFC.  Therefore, in the absence of evidence to the contrary, a  majority  of
the Board finds no compelling basis to recommend awarding the  DFC  and  the
PH.  Should the applicant provide additional documentation  to  support  her
contention that her late husband was injured as a  direct  result  of  enemy
action, the Board would reconsider her request for the PH.

5.    The Air Force has verified the member’s entitlement to the Air  Medal,
the  European-African-Middle  Eastern-Campaign  Medal,  with   four   Bronze
Service Stars (EAME, w/4 BSS), the World War II Victory Medal (WWIIVM),  and
the American Campaign Medal (ACM), and has  administratively  corrected  his
records to include these medals.  In addition, the applicant will receive  a
full set of her late husband’s medals from the  appropriate  office  of  the
Air Force.
________________________________________________________________

RECOMMENDATION OF THE BOARD:

The majority of the panel finds insufficient evidence of error or  injustice
and recommends the application be denied.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-01651
in Executive Session on 3 August 2005, under the provisions of AFI 36-2603:

                       Ms. Rita S. Looney, Panel Chair
                       Mrs. Barbara R. Murray, Member
                       Mr. James A. Wolffe, Member

All members recommended denial of the request pertaining  to  the  BSM.   By
majority vote, the Board  recommended  denial  of  applicant’s  request  for
award of the DFC and the PH.  Mr. Wolffe voted to award  the  applicant  the
DFC and the PH and has submitted a minority  report  which  is  attached  at
Exhibit E.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Feb 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 23 Jun 05.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Jul 05.
    Exhibit D.  VA Form 21-4138, Applicant, dated 18 Jul 05,
                w/atchs.
    Exhibit E.  Minority Report, dated                .




                                             RITA S. LOONEY
                                   Panel Chair



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                     CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT: XXXXXXXXX, BC-2005-01651

      The Board considered this case and all members find the evidence of
record does not support the applicant’s request that her late husband be
awarded the Silver Star (SS) and Bronze Star Medal (BSM).  In regards to
the Distinguished Flying Cross (DFC) and the Purple Heart (PH), the
majority of the Board finds insufficient evidence to warrant awarding her
late husband these awards.  However, based on a totality of the evidence of
record, I believe this portion of the applicant’s request should be
favorably considered.

      The member’s records were destroyed by fire in 1973 at the National
Personnel Records Center (NPRC).  Although the member’s Report of
Separation indicates that he received no wounds in action, it also fails to
list the Air Medal (AM) he was awarded for his completion of 100 hours of
operational flight against the enemy in the Middle East.  The applicant has
provided recently discovered newspaper articles and photographs concerning
the member being awarded the DFC and the PH for injuries he sustained
during his 35th combat mission.  In view of this documentation, I believe
applicant has established that her late husband was awarded the PH for
being injured on his last flying raid.  In addition, I note that during
World War II, a policy existed whereby a DFC was awarded upon the
completion of 35 combat missions.  In view of this policy, similar
applications have been favorably considered by this Board.  In the member’s
case, there is no evidence he ever received the DFC in recognition of his
completion of 35 combat missions.

      In view of the above policy, and in the absence of a basis to
question the validity of the realistic supporting evidence provided by the
applicant, I believe the interest of justice can best be served by awarding
the member the DFC and PH.




                                        JAMES A. WOLFFE
                                        Panel Member



MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                 CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT: XXXXXXXXX, BC-2005-01651

      I have carefully considered all the circumstances of this case and do
not agree with the majority members of the panel that the applicant’s
requests for the Distinguished Flying Cross (DFC) and the Purple Heart (PH)
should be denied.

      The applicant is the widow of a former Army Air Corps B-24 radio
operator who seeks award of the DFC and PH to her late husband.  In support
of her request, she provides his Report of Separation and numerous recently
discovered newspaper articles and photographs concerning his being awarded
the DFC and PH for injuries he sustained during his 35th combat mission.

      The member’s records were destroyed by fire in 1973  at  the  National
Personnel  Records  Center;  therefore,  we  must   rely   solely   on   the
documentation submitted by applicant to adjudicate her  requests.   Although
the member’s Report of Separation indicates that he received  no  wounds  in
action, it also omits the Air Medal he was awarded by the  Ninth  Air  Force
for his completion of 100 hours of operational flight against the  enemy  in
the Middle East.  I note that during the contested  period,  the  Ninth  Air
Force had  an  established  policy  whereby  a  DFC  was  awarded  upon  the
completion of a tour of duty (25 - 35  bombardment  missions).   Further,  I
have on numerous occasions approved the unanimous favorable  recommendations
of various panels considering DFC requests based on this policy.

      The majority of the panel finds the applicant has failed to provide
sufficient evidence to warrant awarding the DFC and PH since there is no
way to verify the authenticity of the supporting documentation.  I most
strongly disagree.  In this respect, I note the articles appear to be from
various newspapers and the information contained therein, derived from War
Department press releases.  The photographs depict official military
decoration presentation ceremonies.  I find no reasonable basis to believe
the applicant or several different newspapers would have fabricated these
articles, or that the decoration presentation ceremonies represented in the
photographs were staged.  Therefore, I believe any doubt should be resolved
in this widow’s behalf.

      Based on a totality of the evidence presented, I believe the member
was officially awarded the DFC and PH; however, the appropriate
documentation failed to make its way into his military records through loss
or inadvertence  Therefore, I direct the member be awarded the DFC and the
PH.







                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency


AFBCMR BC-2005-01651




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for 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 XXXXXXXXX, be corrected to show that:

            a.   He was awarded the Purple Heart for injuries received in
action against an enemy of the United States during a mission over Italy on
13 February 1943.

            b.   On 30 April 1943, he was awarded the Distinguished Flying
Cross for extraordinary achievement, while serving as a radio operator on B-
24 airplanes on many bombardment missions over enemy occupied Continental
Europe and the Middle East.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency