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AF | BCMR | CY2008 | BC-2008-02620
Original file (BC-2008-02620.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-02620
                                             INDEX CODE:  100.00
      XXXXXX                                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her late father be awarded the Silver Star (SS) for  his  destruction  of  a
total of five enemy aircraft.

________________________________________________________________

APPLICANT CONTENDS THAT:

His  achievement  of  becoming  an  Ace  was  overlooked  because  his  five
confirmed kills were obtained over the course of two wars, i.e.,  World  War
II and the Korean War.  As a result, his Ace status was  overlooked  and  he
never received the SS as other Aces did during the Korean War.

In support of her appeal, applicant  submits  her  personal  statement;  her
late father’s DD Form 214, Armed Forces  of  the  United  States  Report  of
Transfer  or  Discharge;  an  excerpt  from  the  book,  Stars   and   Bars,
summarizing his career; Air Force news and press releases detailing each  of
his five confirmed kills; and statements from a former member  of  his  unit
and former commander indicating that all other pilots received the  SS  when
they got their fifth victory.

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

________________________________________________________________

STATEMENT OF FACTS:

The member served on active duty from 23 December 1947 until his  retirement
in the grade of lieutenant colonel on 30 April 1965.  During this period  he
obtained five aerial victory credits (one  during  World  War  II  and  four
during the Korean War) and credit  for  three  probably  destroyed  and  one
damaged aircraft.

The Silver Star (SS) is awarded 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 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 error or injustice warranting award of the  Silver  Star  (SS).
In this respect, we note the applicant’s late  father  received  credit  for
five aerial victories during his Air  Force  career;  however,  we  find  no
evidence that he was ever awarded  the  SS  for  this  accomplishment.   The
applicant contends this occurred because he destroyed one  of  the  aircraft
during World War II and the remaining four during the Korean War.   Further,
in support of her appeal, the applicant has provided a  statement  from  the
only surviving double-Ace of the Korean War recommending  award  of  the  SS
and indicating that the member was not awarded the SS as  all  other  pilots
were when they got their fifth victory.  In view  of  this,  and  given  the
total number of aircraft he destroyed, we recommend the member’s records  be
corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 22 April  1952,  he  was  awarded
the Silver Star for gallantry in action  against  an  enemy  of  the  United
States by destroying his fifth enemy aircraft.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
02620 in Executive Session on 16 July 2008, under the provisions of AFI  36-
2603:

            Ms. B.J. White-Olson, Panel Chair
            Ms. Jan Mulligan, Member
            Mr. Wayne R. Gracie, Member

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

     Exhibit A.  DD Form 149, dated 14 Jul 08.




                                   B.J. WHITE-OLSON
                                   Panel Chair

AFBCMR BC-2008-02620




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 XXXXXX, be corrected to show that on 22 April 1952, he was
awarded the Silver Star for gallantry in action against an enemy of the
United States by destroying his fifth enemy aircraft.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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