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AF | BCMR | CY2005 | BC-2005-02187
Original file (BC-2005-02187.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02187
            INDEX CODE:  107.00
      XXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 JAN 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show his entitlement to  the  Air  Medal
(AM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should receive the AM for being held as a prisoner of  war  (POW)
based on information he received from the 91st Bomb Group Historian,
which states repatriated  POWs  were  entitled  to  the  AM  on  the
strength of the returnee’s statement regardless  of  the  number  of
missions flown.

In support of his request, the applicant submits WG  AGO  Form  100,
Army of the United States Separation Qualification Record and WG AGO
Form 53-98, Record and Report of Separation Certificate  of  Service
Notification of Discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed  in  the  1973
fire at  the  National  Personnel  Records  Center.   His  available
records reflect he was commissioned a second lieutenant in the  Army
Air Corps on 24 May 1943, and  was  released  from  active  duty  on
5 November 1945.

He served as a pilot of a B-24 type aircraft  and  flew  two  combat
missions over enemy occupied Europe.  He was shot down over  Germany
in December 1943, taken prisoner and held as a POW until his release
by Russian advance in May 1945.  He served in the Air Force Reserves
and was honorably discharged on 3 October 1955.

His report of separation reflects  award  of  the  European-African-
Middle Eastern Theater Campaign Ribbon, the American Defense Service
Medal and the American Theater Service Ribbon.

On 26 August 2005, the  applicant’s  records  were  administratively
corrected to reflect award of the Purple Heart Medal,  the  Prisoner
of War Medal, the WWII Victory Medal and the Good Conduct Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFPC/DPPPR recommends denial of  the  award  of  the  Air  Medal
stating it is awarded to  any  person  who,  while  serving  in  any
capacity with the Armed Forces of the United States,  subsequent  to
8 September 1939, distinguished himself  or  herself  by  heroic  or
meritorious achievement while participating  in  an  aerial  flight.
Required  achievement  is  less   than   that   required   for   the
Distinguished  Flying  Cross,  but   must   be   accomplished   with
distinction above and beyond that expected of  professional  airmen.
The applicant was never recommended for award of the AM.

His records reflect two missions  of  flights  performed  in  direct
support of the European-African-Middle-Eastern Theater.  There is no
documentation in the applicant’s records to substantiate  his  claim
to the AM and he has not provided any documentation.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on
12 Aug 05, for review and comment within 30 days.  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.    Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice.   After  a  thorough  review  of  the
applicant’s submission, it is our opinion that corrective action  is
warranted  in  this  case.   In  this  respect,  we  note  that  the
applicant’s WD AGO Form 100, Army  Separation  Qualification  Record
indicates he was recommended for award of the AM and the  award  was
pending.  The Board also notes  Army  Air  Corps  policy  authorized
award of the AM to combat crews killed in action and to POWs who had
never received them.  In view of the foregoing, it  is  our  opinion
that any doubt concerning the  applicant’s  entitlement  to  the  AM
Medal should be resolved in his favor.   Accordingly,  we  recommend
that his records be corrected to the extent indicated below.

_______________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be corrected to show that on 6 November 1945,
he was awarded the Air Medal, for completion of 2  combat  missions,
while performing duties in the European Theater of Operations  as  a
Pilot B-24 aircraft during  the  period  6 August  1943  through  30
December 1943.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2005-
02187 in Executive Session on 13 October 2005, under the  provisions
of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Jan Mulligan, Member

All members voted to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Jul 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 22 Aug 05.
      Exhibit D. Letter, SAF/MRBR, dated 2 Sep 05.




      THOMAS S. MARKIEWICZ
      Chair





AFBCMR BC-2005-02187




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 XXXXXXXXXXXXXXXXXXXXX, be corrected to show that  on  6
November 1945, he was awarded the  Air  Medal,  for  completion  of  2
combat missions, while performing duties in the  European  Theater  of
Operations as a Pilot B-24 aircraft during the  period  6 August  1943
through 30 December 1943.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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