ADDENDUM TO
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
HEARING DESIRED: NO
_________________________________________________________________
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.
_________________________________________________________________
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.
On 23 June 2005, the Board considered applicant’s request. The Board found
insufficient evidence of error or injustice and denied his request. For an
accounting of the facts and circumstances surrounding the earlier decision,
see the Record of Proceedings at Exhibit D.
In a letter, dated 15 August 2007, the applicant requested reconsideration
of his application and provided a statement from his former Bataan First
Sergeant in support of his request.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After thoroughly reviewing the evidence of record and the additional
documentation provided by applicant, we are not convinced that he has been
the victim of error or injustice. The statement from his former First
Sergeant at Bataan is duly noted; however, it does not indicate that a
Silver Star (SS) recommendation was ever placed into official channels. To
the contrary, the former First Sergeant indicates that he was aware the
commander was going to recommend the applicant for the SS and that it is
his firm belief that had the commander returned, he would have done so.
However, this in and of itself, is not sufficient to warrant awarding the
SS. Further, assuming the commander did recommend him for the SS, there
exists no evidence the awarding authority would have approved the request.
Therefore, in view of the above, and 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 additional 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 22 October 2007, 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 D. Record of Proceedings, dated 9 Aug 05, w/atchs.
Exhibit E. Letter, Applicant, dated 15 Aug 07, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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