RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00795
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Silver Star (SS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
A request for the award of the SS was made; however, he was captured and did not receive the award.
In support of his request, applicant provides a copy of Standard Form 180, Request Pertaining to Military Records; his Honorable Discharge certificate, WD AGO Form 106, Request for Decoration and/or Citation; WD ADO Form 93, Enlisted Record and Report of Separation; WD AGO Form 100, Separation Qualification Record and various other letters in support of his request.
The applicants complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from available records reflect the applicant entered the Army Air Force on 11 February 1941 and effective 23 April 1946, he was discharged in the grade of sergeant.
The Silver Star is currently 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicant provided WD AGO Form 106 with a recommendation for the award of the SS; however, he became a Prisoner of War (POW) in which it is believed the decoration recommendation process halted as stated on the WD AGO Form 106.
Due to his records being destroyed at the NRPC fire on 12 July 1973, DPSIDR could not confirm if his records contained an approved special order or an endorsed written chain of command recommendation for award of the SS. He was initially recommended for the award of the SS for his actions stated on WD AGO Form 106. Under the National Defense Authorization Act (NDAA), the original or reconstructed written award is required on individuals being recommended for a decoration to include the SS. The recommendation must be made by someone other than the member himself, preferably the commander or supervisor at the time of the act of achievement with first-hand knowledge of the members accomplishments.
The complete DPSIDR evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 June 2009 for review and comment within 30 days. As of this date, this office has received no response (Exhibit C).
_________________________________________________________________
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 error or injustice. Although a copy of the orders and endorsed letters from his chain of command are unavailable, the applicant has provided a copy of WD AGO Form 106 stating he would be put in for the award, but he was held captive soon thereafter. The applicants record reflects he was interned by enemy combatants in the Southwest Pacific Theater from 7 May 1942 to 1 October 1945. Therefore, we believe it is possible the applicant would have been awarded the SS for his gallantry during the shelling and bombing of Corregidor by the Japanese and it was simply not awarded since he was captured. With no basis to question the applicants integrity and in recognition of his service to the Nation, it is our opinion that any doubt should be resolved in the applicant's favor. In view of this, we do not believe the absence of endorsed letters from his chain of command or special orders awarding the SS should prevent this former POW from receiving the requested relief. Therefore, we recommend his 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 30 April 1942, he was awarded the Silver Star Medal for gallantry in action against an enemy of the United States.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2009-00795 in Executive Session on 8 July 2009, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The Board voted to correct the record as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 February 2009, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIDR, dated 11 May 2009, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 June 2009.
Panel Chair
AFBCMR BC-2009-00795
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 APPLICANT be corrected to show that on 30 April 1942, he was awarded the Silver Star Medal for gallantry in action against an enemy of the United States.
Director
Air Force Review Boards Agency
3
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