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AF | BCMR | CY2008 | BC-2007-02922
Original file (BC-2007-02922.doc) Auto-classification: Denied






                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02922

            INDEX CODE:      107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Silver Star (SS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was recommended for the SS by  his  squadron  commander  and  group
bombardier, but after 63 years he has not received the award.   He  is
unable to provide written eyewitness statements,  because  he  is  the
only surviving member of the crew.

In support of  the  request,  applicant  submits  numerous  background
documents related to his request for the SS, a  narrative  account  of
the mission on 24 Dec 44, a copy of his WD AGO  Form  53-98,  Military
Record and Record of Separation Certificate of Service, excerpts  from
his military personnel records, and a letter from applicant, dated  17
Oct 07.

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

_________________________________________________________________

STATEMENT OF FACTS:

He was commissioned a second lieutenant in the Army on 18 Mar 44,  and
was discharged on 5 Sep 45, to accept a commission in the Reserves  as
a first lieutenant where he served until 11 Oct 53.   He  then  joined
the Air National Guard and served until 15 Jun 57.  On 16 Jun  57,  he
joined the Reserves and served until 5 Aug  57.   On  16  Aug  57,  he
joined the Army Reserves in the grade of  captain,  was  progressively
promoted to the grade of colonel, and retired in that grade on 22  Dec
76.

He participated in  the  Air  Offensive  Europe,  Normandy,  Ardennes,
Central Europe, Northern France and Rhineland battles  and  campaigns.
He was awarded the Distinguished Flying Cross, the Air Medal  w/6  Oak
Leaf Clusters, the European African  Middle-Eastern,  Campaign  Medal,
the World War II (WWII) Victory Medal, the  WWII  Occupational  Medal,
the National Defense Service Medal, the Air Force Commendation  Medal,
the Reserve Medal, and the Good Conduct Medal.

On 17 Feb 05, the Army Decorations Board determined that the degree of
action and service rendered did not meet the strict criteria for award
of the SS.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states, in part, that  after  a
thorough review of his  military  record,  they  are  unable  to  find
supporting documentation in his military record  to  indicate  he  was
recommended for the award of the SS.  He did not provide as evidence a
copy  of  the  SS  certificate,  special  order,   or   a   decoration
recommendation for the SS to substantiate the award.  He also did  not
provide an eyewitness statement, since the air crew and commander have
passed.  Unfortunately, the applicant  cannot  recommend  himself  for
award of the SS.

The DPSIDR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
30 Nov 07, for review and comment within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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.  After a thorough review  of  the
applicant’s submission and the available evidence of  record,  we  are
not persuaded the applicant should be awarded  the  requested  relief.
We took notice of the complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale as  the
basis for our conclusion that the applicant has not been the victim of
an error or an injustice.  In the absence of  persuasive  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-2007-
02922 in Executive Session on 3 Apr 08, under the provisions of AFI 36-
2603:

                 Ms. B.J. White-Olson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Yvonne T. Jackson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Aug 07, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 7 Nov 07.
      Exhibit D. Letter, SAF/MRBR, dated 30 Nov 07.




      B.J. WHITE-OLSON
      Panel Chair

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